Sri Lanka Consolidated Acts

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Code Of Criminal Procedure Act (No. 15 of 1979) - Sect 260

Power to postpone or adjourn proceedings

263.
(1) If from the absence of a witness or any other reasonable cause it becomes necessary or advisable to postpone the commencement of or adjourn any inquiry or trial, the court may from time to time order a postponement or adjournment on such terms as it thinks fit for such time as it considers reasonable and may remand the accused if in custody or may commit him to custody or take bail in his own recognizance or with sureties for his appearance.
(2) Where the accused has attended the court on summons he shall be enlarged on his own recognizance or on his simple undertaking to appear, unless for reasons to be recorded court orders otherwise.
(3) An inquiry or trial in a Magistrate's Court shall not be postponed or adjourned on the ground of the absence of a witness unless the Magistrate has first satisfied himself that the evidence of such witness is material to the inquiry or trial and that reasonable efforts have been made to secure his attendance, and has recorded the name of such witness and the nature of the evidence which he is expected to give.
(4) Every person remanded or committed to custody under this section shall be so remanded or committed by warrant addressed to the superintendent of a prison and the provisions of section 264 shall apply to every such warrant.


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