6.
| (1) Notwithstanding anything contained in Chapter XV of the Code of Criminal Procedure Act, No. 15 of 1979, in the course of holding of an inquiry under the aforesaid Chapter, the following provisions shall apply to the taking of statements of persons who know the facts and circumstances of the case. |
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| (2)Subject to the provisions of subsection (11) the Magistrate shall read out, or cause to be read out to every witness produced against the accused, in the presence and hearing of the accused, the statement made by the witness in the course of the investigation conducted in terms of Chapter XI of the Code of Criminal Procedure Act, No. 15 of 1979 and shall ask the witness whether the statement is an accurate record of what he had stated to the police. |
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| (3)
| | (a) If the witness states, in response to an inquiry made of him under subsection (1), that the statement is an accurate record of what he had stated to the police, the Magistrate shall record that fact. The Magistrate shall permit the witness, if the witness so desires, to make such additions or alterations to his original statement. Every such addition or alteration shall be recorded. | | |
| | (b) The Magistrate shall not permit any cross examination of the witness by the accused or his pleader, but the Magistrate may put to the witness, any clarification required by the accused or his pleader of any matter arising from the statement made by the witness in the course of the investigation, or any additions or alterations to his original statement if any, and may put to the witness any clarification which the Magistrate himself may require of any such matter. Every clarification so made shall be recorded : | | |
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| (4) The Magistrate shall thereafter read out or cause to be read out to the witness, the statement made by the witness to Court affirming the accuracy of the statement made by him in the course of the investigation and the clarifications if any made by him under subsection (2), and additions or alterations to his original statement if any, made by him under subsection (3), and shall require the witness to swear or affirm to the truth of the matters recorded. |
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| (5)
| | (a) If on the other hand, the witness states in response to an inquiry made of him under subsection (1), that the statement is not, in its entirety or in part, an accurate record of what he had stated to the police, the Magistrate shall permit the witness to give an account of the circumstances relating to the offence, or as the case may be, to make such additions or alterations to his original statement as the witness may wish to make. | | |
| | (b) The Magistrate shall not permit any cross-examination of the witness by the accused or his pleader but the Magistrate may put to the witness, any clarification required by the accused or his pleader of any matter arising from the account given, or additions or alterations made, by the witness or may put to the witness any clarification that the Magistrate himself may require of any such matter : | | |
| | (c) The Magistrate shall record the account given, or the additions or alterations made by the witness under paragraph (a) and any clarifications made by the witness under paragraph (b), and read out or cause to be read out the same to the witness and shall require the witness to swear or affirm to the truth of the matters so recorded. | | |
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| (6) Before a witness is produced against the accused the Magistrate shall permit the accused or his pleader to peruse in open court, the statement made by that witness to the police in the course of the investigation. |
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| (7)The Magistrate shall sign, and shall cause the witness to sign, a certified copy of the statement made by the witness to the police in the course of the investigation and shall cause the same to be filed of record. The copy so filed shall for all purposes form part of the record of the inquiry. |
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| (8) The Magistrate shall not summon an expert witness or a police officer but shall cause the report of such expert witness or the affidavit of such police officer as the case may be to be produced and filed of record : |
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| (9) Where an expert witness or a police officer appears in court in response to summons issued on him under subsection (8), the Magistrate shall not permit any cross examination of such expert witness or police officer by the accused or his pleader but may put to such expert witness or police officer, any clarifications that the accused or his pleader may require, of any matter arising from the report of the expert witness or the affidavit of the police officer, as the case may be, or from the examination of such expert witness or police officer, as the case may be, and the Magistrate may himself put to the witness any clarification that he may require of any such matter. Every clarification so made shall be recorded. |
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| (10) A statement made by an expert witness or police officer and the deposition made by a witness tendered for cross examination under this section, shall be deemed to be admissible in evidence in terms of section 33 of the Evidence Ordinance (Chapter 14). |
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| (11)
| | (a) Where the accused-
| | | (i) is absconding or has left the island ; or |
| (ii) is unable to attend or remain in court by reason of illness and has consented either to the commencement or continuance of the inquiry in his absence, such inquiry may commence or continue without any prejudice to him ; or |
| (iii) by reason of his conduct in court is obstructing or impeding the progress of the inquiry, |
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| (12) The statement made by a witness to the police in the course of the investigation together with, as the case may be, his statement and clarifications, if any, recorded under subsection (3) or the additions, alterations and clarifications made and recorded under subsection (4) or the account given and recorded under subsection (5), shall be regarded for the purposes of this Act, as the deposition of that witness. |
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| (13) Every witness produced against the accused at the inquiry shall be entitled to be represented by an Attorney-at Law. |
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| (14) If after the conclusion of the procedure set out above, the Magistrate does not consider that the case should be dealt with in accordance with the provisions of section 153 of the Code of Criminal Procedure Act, No. 15 of 1979, the Magistrate shall read the charge to the accused and explain the nature thereof in ordinary language and inform him that he has a right to call witnesses and, if he so desires to give evidence on his own behalf. |
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| (15) The provisions of Chapter XV of the Code of Criminal Procedure Act, No. 15 of 1979 shall mutatis mutandis apply to any preliminary inquiry held under the provisions of this Act. |
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Sri Lanka Consolidated Acts