393.
| (1) It shall be lawful for the Attorney-General to exhibit information, present indictments and to institute, undertake, or carry on criminal proceedings in the following cases, that is to say-
| | (a) in the case of any offence where a preliminary inquiry under Chapter XV by a Magistrate is imperative or may be directed to be held by the Attorney-General ; | | |
| | (b) in any case where the offence is not bailable ; | | |
| | (c) in any case referred to him by a State Department in which he considers that criminal proceedings should be instituted; | | |
| | (d) in any case other than one filed under section 136 (1) (a) of this Code which appears to him to be of importance or difficulty or which for any other reason requires his intervention; | | |
| | (e) in any case where an indictment is presented or information exhibited in the High Court by him. | | |
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| (2) The Attorney-General shall give advice, whether on application or on his own initiative to State Departments, public officers, officers of the police and officers in corporations in any criminal matter of importance or difficulty. |
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| (3) The Attorney-General shall be entitled- to summon any officer of the State or of a corporation or of the Police to attend his office with any books or documents and there interview him for the purpose of-
| | (a) initiating or prosecuting any criminal proceeding or | | |
| | (b) giving advice in any criminal matter of importance or difficulty : | | |
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| (4) The Attorney-General may nominate State Counsel or employ any attorney-at-law to conduct any prosecution in any court and determine the fees to be paid to such attorney-at-law. |
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| (5) The Superintendent or Assistant Superintendent of Police in charge of any division shall report to the Attorney-General every offence committed within his area where -
| | (a) preliminary investigation under Chapter XV is imperative ; or | | |
| | (b) for the institution of proceedings the consent or sanction of the Attorney-General is required; or | | |
| | (c) a request for such report has been made by the Attorney-General; or | | |
| | (d) such Superintendent or Assistant Superintendent considers the advice or assistance of the Attorney-General necessary or desirable ; or | | |
| | (e) the Magistrate so directs; or | | |
| | (f) the offence was cognizable and the prosecution was withdrawn or cannot be proceeded with. | | |
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| (6) When reporting in terms of subsection (5) the Superintendent or Assistant Superintendent of Police as the case may be shall supply to the Attorney-General-
| | (a) a full statement of the circumstances ; | | |
| | (b) copies of the statements of all witnesses ; | | |
| | (c) such other information, documents or productions as may be relevant or as may be called for by the Attorney-General; and | | |
| | (d) where an inquest has been held, a copy of the inquest proceedings. | | |
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| (7) The Minister may make regulations containing all such incidental or supplementary provisions as may be necessary to enable the Attorney-General to exercise and perform his powers and duties under this section. |
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Sri Lanka Consolidated Acts