Sri Lanka Consolidated Acts

[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]

Code Of Criminal Procedure Act (No. 15 of 1979) - Sect 394

Attorney-General may order further evidence to be taken

397.
(1) If the Attorney-General is of opinion that a criminal offence is disclosed by the proceedings against the accused but that the evidence already taken by reason of being in any particular or respect defective is not sufficient to afford a foundation for a full and proper trial, then he may make in writing an order requiring the Magistrate's Court to take such further evidence as may be specified or indicated in the order either in the way of examining anew witnesses who have already given their testimony or otherwise to continue the inquiry, and upon making such order the Attorney-General shall direct that the record of the inquiry be returned to the Magistrate's Court, and thereupon the Registrar of the High Court shall so return the record and the Magistrate shall comply with the order of the Attorney-General.
(2) The Attorney-General may if he thinks it necessary, direct the Magistrate to record the evidence of any expert witness or police officer and the Magistrate shall then comply with such directions.
(3) The supplemental inquiry may be conducted in the Magistrate's Court by a Magistrate thereof other than the Magistrate who conducted the original inquiry.


[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]