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Code Of Criminal Procedure Act (No. 15 of 1979)
TABLE OF PROVISIONS
Long Title
1. Short title and date of operation
2. Interpretation
3. Words referring to acts include illegal omissions
4. Powers, jurisdiction, rights and duties of certain officers
5. Trial of offences under Penal Code and other laws
6. Saving of powers of Supreme Court, Court of Appeal &c. Attorney-General
7. Cases not provided for
8. Power of Supreme Court, and Court of Appeal, to inspect courts of first instance
9. Criminal summary jurisdiction of Magistrates' Courts
10. Offences under Penal Code
11. Offences under other laws
12. High Court to try cases only upon indictment
13. Sentence which High Court may impose
14. Sentence which a Magistrate's Court may impose
15. No sentence of imprisonment for a term of less than seven days
16. Sentence in case of conviction for several offences at one trial
17. Payment of costs and compensation upon acquittal
18. Community service orders
19. Public when to assist Magistrates and peace officers
20. Aid to person other than peace officer executing warrant
21. Public to give information of certain offences
22. Peace officer bound to report certain matters
23. Arrest how made
24. Search of place entered by person sought to be arrested
25. Procedure where ingress not obtainable
26. Search of person in place searched under warrant
27. Power to break open doors and windows for purposes of liberation
28. No unnecessary restraint
29. Search of persons arrested
30. Mode of searching women
31. Power to seize offensive weapons
32. When peace officers may arrest without warrant
33. Powers of arrest in an non cognizable cases
34. Pursuit of offenders into other jurisdiction
35. Arrest by private persons, procedure on such arrest
36. How person arrested is to be dealt with
37. Person arrested not to be detained more than twenty-four hours
38. Police to report arrests
39. Discharge of person arrested
40. Offence committed in the presence of Magistrate
41. Arrest by or in presence of Magistrate
42. Power to pursue and retake a person escaping from lawful custody
43. Provisions of sections 24, 25 and 27 to apply to arrests under section 42
44. Requisites of summons
45. Summons how served
46. Service when person summoned cannot be found
47. Procedure when personal service cannot be effected
48. Service on employees of the State, local authorities or corporations
49. Proof of service
50. Form of warrant of arrest
51. Court may-direct security to be taken
52. Warrants to whom directed
53. Notification of substance of warrant
54. Person arrested to be brought before court without delay
55. Where warrant may be executed
56. Warrants for execution outside jurisdiction
57. Warrant directed to Fiscal for execution outside jurisdiction
58. Procedure on arrest of person against whom warrant is issued
59. Arrest possible though warrant is not in hand
60. Proclamation for person absconding
61. Attachment of property of person absconding
62. Restoration of attached property
63. Issue of warrant in lieu of or in addition to summons
64. Power to take bond for appearance
65. Summons to run in any part of Sri Lanka
66. Summons to produce document or other thing
67. Procedure as to letters, telegrams, &c
68. When search warrant may be issued
69. Power to restrict warrant
70. Search of house suspected to contain stolen property, forged documents, &c
71. Disposal of things found in search beyond jurisdiction
72. Search for persons wrongfully confined
73. Direction, &c, of search warrants
74. Persons in charge of closed place to allow search
75. Officer to make list of things seized
76. Occupant of place searched may attend
77. Court may impound things produced
78. Search warrants may be endorsed by peace officer
79. Powers of Magistrate when present at search
80. Security for keeping the peace on conviction
81. Security for keeping the peace in other cases
82. Security for good behaviour from suspected persons, vagrants, &c
83. Security for good behaviour from habitual offenders
84. Summons or warrant in case of person not so present
85. Form of summons or warrant
86. Inquiry as to the truth of information
87. Order to give security
88. Discharge of person informed against
89. Imposition of term of imprisonment in default of security
90. Commencement of period for which security is required
91. Contents of bond
92. Commitment to prison for default in giving security
93. Power to release person imprisoned for failing to give security
94. Discharge of sureties
95. Dispersal of unlawful assembly
96. Power of commissioned military officers to disperse assembly
97. Protection for acts done under this Chapter
98. Conditional order for removal of nuisance
99. Service or notification of order
100. Person to whom order is addressed to obey or show cause
101. Procedure in case of appearance
102. Procedure on order being made absolute
103. Consequence of disobedience to order
104. Injunction pending inquiry
105. Magistrate may prohibit continuance of public nuisances
106. Power to issue absolute order at once in urgent cases of nuisance
107. Peace officers to prevent cognizable offence. Information of attempt to commit such offence
108. Appointment of inquirers
109. Information of an offence
110. Examination of witnesses by police or inquirer
111. Inducement not to be offered
112. Search by police officer or inquirer
113. Duty of subordinate officer to report to officer in charge of station
114. Release of accused if evidence deficient
115. Procedure when investigation cannot be completed in twenty-four hours
116. Duty of officer or inquirer to forward case to a Magistrate's Court if sufficient information is well founded or if further investigation is necessary
117. Additional powers of inquirers
118. Powers of police officers and inquirers in non-cognizable cases
119. Magistrate may withdraw case from inquirer
120. Investigation to be completed without delay
121. Powers of this chapter to be cumulative
122. Examination by medical practitioner
123. Taking of finger impressions, specimens of hair &c of suspect person-
124. Magistrate to assist investigation
125. Senior police officer may take over investigation
126. No inducement to be offered
127. Power to record statements and confessions
128. Ordinary place of Inquiry and trial. Any Magistrate's Court to have jurisdiction over offences committed on territorial waters
129. Accused is triable in district where act is done or consequence ensues
130. Place of trial where act is an offence by reason of relation to other offence
131. Escape from custody
132. Place of inquiry or trial in various cases
133. Attorney-General to decide, in case of doubt court where inquiry shall take place
134. Sentence not to be set aside because inquiry held by wrong Magistrate's Court
135. The conditions necessary for the initiation or prosecutions for certain offences
136. Proceedings in Magistrate's Court how instituted
137. Medical examination of complainant and accused in case of rape &c
138. Procedure in certain cases where accused is unknown
139. Issue of process
140. Contents of summons or warrant
141. Examination under section 139 to be recorded
142. Procedure to be adopted when case proceeds
143. In case of homicide Magistrate to hold inquiry on spot
144. In summons case personal attendance of the accused may be dispensed with
145. Preliminary inquiry
146. Accused to be informed of charge
147. Information Book Entries to be tendered
148. Depositions
149. Variance between charge and evidence
150. Charges to be read to accused after close of prosecution case
151. Provisions as to taking statement of accused
152. Evidence for the defence
153. Discharge
154. Commitment for trial
155. Accused's witnesses
156. Material witnesses So be bound (Over to appear
157. Magistrate to certify record
158. Accused entitled to copy of evidence and statements to the police
159. Record to be forwarded to court of trial, and certified copy of record to Attorney-General
160. Presentation and service of indictment
161. When trial shall be by jury and when not
162. Contents of indictment
163. Inquiry to be concluded in a month
164. Charge to state offences
165. Particulars as to time place and person
166. Effect of errors
167. Court may alter charge
168. When trial may proceed on altered charge immediately.
169. When new trial may be directed 01; trial adjourned
170. Stay of proceedings if prosecution of offence in altered charge requires previous sanction
171. Recall of witnesses when altered
172. Effect of material error
173. Separate charge for separate offence
174. Three offences of same kind within a year may be charged together
175. Trial for more than one offence
176. Where it is doubtful what offence has been committed
177. When a person charged with one offence may be convicted of a different offence
178. When offence proved included in. offence charged
179. Conviction of an attempt to commit an offence though attempt is not separately charged
180. All persona concerned In committing an offence may be charged together
181. When conviction on one charge remaining charges may be withdrawn
182. Particulars of case to be stated to accused
183. Admission of offence by accused
184. Procedure on trial
185. Verdict
186. Power of Magistrate to discharge accused at any time
187. What to be done when different offence disclosed in course of proceedings
188. Accused may be acquitted in the absence of complainant
189. Withdrawal of charge by complainant
190. Accused may be discharged by Magistrate with sanction of Attorney-General,
191. By whom prosecution tinder this Chapter may be conducted
192. Trial may proceed in absence of accused
193. By whom trials before High Court to be conducted
194. Attorney-General may withdraw prosecution
195. Duty of Judge upon receipt of indictment
196. Arraignment of accused
197. Plea of guilty
198. Refusal to plead or plea of not guilty
199. Counsel to open his case and call witnesses
200. Court may acquit without calling for defence, or call for defence
201. Section - 201
202. When prosecuting counsel entitled to call witnesses in rebuttal
203. Judge to pass judgment
204. Arraignment of accused
205. Plea at guilty may be recorded and accused convicted thereon
206. Refusal to plead
207. When accused pleads not guilty or is willing to plead guilty to a lesser offence,
208. Special jury may be summoned
209. Number of jury and quorum for verdict
210. Empanelling of jury
211. Grounds of objection
212. Decision of objection
213. Foreman of jury
214. Duties of foreman
215. Procedure where juror ceases to attend &c
216. Discharge of jury in case of sickness of prisoner
217. Registrar to read indictment to jury
218. Opening of case for prosecution
219. Statements by prisoner to be put in
220. Procedure after examination of witnesses for the prosecution
2. Defence
222. Right of accused as to examination and summoning of witnesses
223. Witnesses in rebuttal
224. View by jury of place where offence committed.
225. When juror may be examined
226. Jury to attend on adjourned sitting
227. When jury may be kept together
228. Judge may allow jurors refreshment
229. Charge to jury
230. Duty of Judge
231. Judge may comment on question of fact or upon Question of mixed law and fact
232. Duty of jury
233. Jury may-retire to consider verdict
234 . When jury ready to give verdict
235. Verdict to be given on each charge
236. Entry and signing of verdict
237. Discharge of jury when they cannot agree
238. Judgment in case of conviction
239. Re-trial of accused
240. Procedure in case of previous conviction
241. Trial may be held in the absence accused
242. Procedure where trial is held in the absence of the accused
243. Power to make regulations
244. Liability to serve as a juror
245. Persons who shall not serve as jurors
246. Persons who shall not serve as jurors except with their own consent
247. Exemption and excuse from service on jury
248. Preparation of lists of persons liable to serve as jurors
249. Panels of jurors to be prepared from each list
250. Summons on jurors
251. Juror not bound to serve more than a fortnight
252. Juror absenting himself without leave liable to fine
253. No proceeding to be invalid by reason of defect or error in jury list or panel
257. Power of Attorney-General to direct tender of pardon by Magistrate
258. Not complying with condition on which pardon has been tendered
259. Statement of person pardoned may be given in evidence against him at his trial
260. Right of accused to be defended
261. Appearance for a corporation in court
262. Procedure where accused who is not insane does not understand proceedings
263. Power to postpone or adjourn proceedings
264. Procedure on issue of warrants of commitment &c
265. Warrant shall be full authority to superintendent of prison
266. Compounding offences
267. Change of Magistrate, during hearing or inquiry
268. Supreme Court or Court of Appeal may set aside conviction where material prejudice is caused
269. Detention of offenders attending court
270. Proceedings may be had on Sundays and public holidays
271. Case for prosecution to be explained by court to accused, If he is not represented by a pleader
272. Evidence to be taken in presence of accused
273. How evidence to be taken down
274. Procedure in regard to such evidence when completed
275. Interpretation of evidence to accused
276. Documentary evidence
277. How statement or examination of accused shall be recorded
278. Presiding Judge to take or cause to be taken notes of evidence
279. Mode of delivering judgment
280. Allocutus
281. Punishment of detention in lieu of death for the persons tinder sixteen years of age
282. Procedure where a woman convicted of a capital offence alleges pregnancy
283. Judgments of courts other than Supreme Court or Court of Appeal
284. Judgment in alternative
285. Sentence of death and whipping
286. Provisions as to execution of sentences, of death
287. Execution of sentence of High Court other than sentences of death
288. Execution of sentences under section 53 of the Penal Code
289. Execution of sentence of courts other than the Supreme Court or Court of Appeal or High Court
290. Procedure on issue of warrants under sections 286, 287 and 289
291. Provisions as to sentences of fines
292. Execution of sentence may be suspended on execution of bond by offender
293. Who may issue warrant
294. When and where sentence of whipping to be executed
295. Whipping not to be inflicted until after fourteen days
296. Whipping not to be inflicted unless medical officer certifies that offender is in a fit state of health
297. When sentence of whipping cannot be carried out offender may be discharged
298. Whipping of juvenile offenders under, sixteen years of age
299. Sentences on escaped convicts
300. Sentence on offender already sentenced for another offence
301. Certain sections of Penal Code to apply-to all offences
302. Return of warrant on execution of sentence
303. Suspended sentence of imprisonment
304. When offender subject to suspended sentence is convicted of subsequent offence
305. Discovery of further offence
306. Power of court to permit conditional release of offenders
307. conditions of recognizance
308. Power to vary conditions of recognizance
309. Provision in case of offender failing to observe conditions of recognizance
310. Power to make rules
311. President may suspend or remit sentence on conditions
312. President may commute sentence
313. Meaning of the expression " President " in this Chapter
314. No person to be tried twice for same offence
315. Plea of previous acquittal of conviction
316. An appeal not to lie except as provided for
317. Appeals not to lie in certain cases
318. Appeal from acquittal
319. Appeal against refusal to issue process
320. Right of appeal
321. Computation of time
322. What petition of appeal shall state
323. Section - 323
324. Procedure in Court of Appeal on appeal
325. Appellant to be heard first
326. Procedure if respondent not present
327. Arrest of accused in appeal from acquittal
328. Power of Court of Appeal on appeals
329. Court of Appeal may take further evidence or direct it to be taken
330. Judgment in appeal to be given in open court
331. Filing of petition of appeal or application for leave to appeal
332. Appeal maybe amended or rejected
333. Stay of further proceedings upon acceptance of appeal
334. Determination of appeals in cases where trial was by jury
335. Determination of appeals in cases where trial was without a jury
336. Appeals from sentences
337. Appeals from acquittals
338. Where appellant is guilty but insane
339. Disposal of property on conviction
340. Filing of application for leave to appeal
341. Disposal of application for leave to appeal
342. High Court to forward record to Court of Appeal on leave being granted
343. Appeals and applications to be numbered and entered in the Register of Appeals
344. Appeals and applications to be listed for hearing
345. Where leave to appeal is granted, application deemed to be an appeal
346. Appeal or application for leave to appeal to be exhibited for at least seven days
347. Acceleration and postponement of appeals and application for leave to appeal
348. Consolidation of appeals and applications for leave to appeal
349. Procedure at the hearing
350. Appellant or applicant in custody entitled to be present
351. Supplementary powers of Court
352. Delivery of judgment,
353. Legal assistance to appellant
354. Expenses
355. Effect of error, omission, or default in complying with the provisions of this Code-
356. Order of Court of Appeal to be certified to High Court
357. Costs
358. Abatement
359. Withdrawal of appeals or applications for leave to appeal
360. State representation
361. Reservation of points of law
362. Determination and orders thereon
363. Powers to reserve questions arising in High Court
364. Court of Appeal may call for record of High Court or Magistrate's Court
365. Power of court on revision
366. Section - 366
367. Optional with court to hear parties on review
368. When record called for by Court of Appeal Judge of the High Court or Magisterial may submit statement of grounds of decision
369. Inquests of death
370. Duly of inquirer
371. Death of a person in custody of police or in a mental or leprosy hospital
372. Evidence and finding to be recorded
373. Post-mortem examinations
374. Procedure in case of accused being of unsound mind
375. Procedure in case of person committed before High Court being of unsound mind
376. Release of person of unsound mind pending investigation or trial
377. Resumption of inquiry or trial
378. Procedure on accused appearing before court
379. When accused appears to have been of unsound mind
380. Judgment of acquittal on ground of unsoundness of mind
381. Person acquitted on ground of unsoundness of mind to be kept in safe custody
382. Person confined under this Chapter to be visited by Commissioner of Prisons or Visitors of the mental hospital
383. Procedure where person confined under section 376 is reported capable of making his defence
384. Procedure where person confined under section 376 or 381 is declared fit to be discharged
385. Delivery of person confined to care of relative or friend
386. Person suspected to be of unsound mind where and how to be remanded
387. Procedure in cases mentioned in section 135 paragraphs (b) and (c)
388. Procedure in certain case of contempt
389. Procedure where court considers case should not be dealt with under section 388
390. Imprisonment or committal of person refusing to answer or produce documents
391. District Judges and Magistrates not to try offences referred to in section 135 (1), paragraphs (b) and (c), when committed before themselves
392. High Court may take cognizance of certain offences
393. Powers of Attorney-General
394. What persons are deemed to have been brought before the court
395. "Power of Attorney -General to call for original record and productions
396. Power of Attorney -General to quash commitment and issue instructions to Magistrate
397. Attorney-General may order further evidence to be taken
398. Judge of the High Court and Magistrate to transmit proceedings to Attorney-General when required
399. Attorney- General may order Committal or fresh inquiry when of opinion that an accused should not have been discharged
400. Who may conduct prosecution before Magistrate
401. Scope of functions of Solicitor-General and State Counsel
402. Bail to be taken in case of bailable offence
403. When bail may be taken in case of nonbailable offence
404. Bail not to be excessive and the Court of Appeal may admit to bail in any case
405. Bond of accused and sureties
406. Discharge from custody
407. Power to order sufficient bail when that first taken is insufficient
408. Discharge of sureties
409. Court may issue commission for taking evidence of absent witness
410. Procedure on commission
411. Parties may-forward interrogatories, and accused or his pleader may examine witness
412. Return of commission
413. Adjournment of inquiry or trial
414. Deposition of medical and other special witnesses and reports of Government Analyst or Government Radiologists receivable in evidence in certain cases
415. Affidavits before whom to be sworn
416. Record of evidence in the absence of accused
417. Depositions of Magistrates and interpreters receivable in evidence in certain cases
418. When receivers &c, charged evidence of other cases allowed
419. Memorandum of admissions (if any)to be filed with the record
420. Further proof of matters admitted unnecessary
421. Deposit of money instead of bond
422. Procedure on forfeiture of bond
423. Power of Fiscal to execute conveyance to purchaser
424. Power to direct levy of amount due on recognizances
425. Order for disposal of property regarding which offence committed
426. In lieu of order property may be sent to Magistrate for disposal
427. Payment to innocent purchaser of money found on accused
428. Stay of order under this Chapter
429. Destruction of libellous and other matters
430. Power to restore possession of immovable property
431. Procedure by notice upon seizure of property taken under section 29, or stolen
432. Procedure where no claimant appears within six months
433. Power to sell
434. Proceedings in wrong place
435. Non-compliance with provisions of Code
436. Finding or sentence when reversible by reason of error or omission in charge or other proceedings
437. Distress not illegal for defect in proceedings
438. Jurisdiction to deal with fugitive persons
439. Power to summon material witness or examine person present
440. Power of court to order prisoner in jail to be brought up for examination
441. Money ordered to be paid recoverable as fines
442. Copies of any deposition or other part of record
443. Accused person entitled to certified copy of whole or part of proceedings whether concluded or pending
444. Accused person entitled to copy of first information
445. Delivery to military authorities of persons capable of being tried by court martial
446. Person released on bail to give address for service
447. Power to compel restoration of- abducted females
448. Summary trial of witness on alternative charges for giving false evidence
449. Summary punishment for perjury in open court
450. Three Judges of the High Court at Bar may try without jury in certain, cases
451. Nomination of Judges and appeals
452. Custody of women and persons under sixteen years pending inquiry or trial
453. Power of Supreme Court to make rules
454. Forms
455. Public servants not to bid at sales under this Code
456. Period of prescription for crimes or offences
457. Repeal and having and transitional provisions
458. Regulations
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