Sri Lanka Consolidated Acts

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Code Of Criminal Procedure Act (No. 15 of 1979) - Sect 352

Effect of error, omission, or default in complying with the provisions of this Code-

355.
(1) Where there is any error, omission or default in complying with the provisions of this Code relating to the lodging of an appeal, the High Court shall, notwithstanding such error, omission or default forward to the Court of Appeal the petition of appeal together with all the relevant papers and proceedings of the case.
(2) The Court of Appeal shall not exercise the powers vested in such court by this Code to reject or dismiss an appeal on the ground only of any error, omission or default on the part of the appellant in complying with the provisions of this Code unless material prejudice has been caused thereby to the respondent to such appeal.
(3) The Court of Appeal shall, in the case of any appeal referred to in subsection (2) which is not rejected or dismissed by such court, direct the appellant to comply with such directions as the court may deem necessary for the purpose of rectifying, supplying or making good any error, omission or default so referred to within such time and upon such conditions as may be specified in such directions, and shall reject or dismiss the appeal if the appellant fails to comply with such directions.


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