Sri Lanka Consolidated Acts

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Criminal Procedure Code (Amendment) Act (No. 6 of 1964) - Sect 13

Replacement of section 440a of the principal enactment .[ 3, 31 of 1982.)

13. Section 440A of the principal enactment is hereby repealed and the following new section substituted therefor : -
440A.
(1) Notwithstanding anything to the contrary in any other written law or any other provision of this Code, the trial of any person for any offence punishable under section 114, section 115, or section 116 of the Penal Code shall be held before the Supreme Court at Bar by three Judges without a jury.
(2) In the following cases, that is to say -
(a) in the case of any offence under Chapter VI of the Penal Code, other than an offence under section 114, section 115 or section 116 of that Code ; or
(b) in the case of any offence, other than an offence under Chapter VI of that Code, which, by reason of civil commotion, disturbance of public feeling or any other similar cause, the Minister of Justice may consider to be appropriately triable in the manner in this section provided,
(3) A trial before the Supreme Court under this section may be held either upon indictment, or upon information exhibited by the Attorney-General.
(4) Notwithstanding anything to the contrary in section 385 or any other law, the Attorney-General may exhibit to the Supreme Court informations in respect of any offences which are required by or under this section to be tried before the Supreme Court at Bar by three Judges without a jury.
(5) A trial before the Supreme Court under this section shall proceed as nearly as possible in the manner provided for other trials before the Supreme Court, subject to such modifications as may be ordered by the Court or as may be prescribed by rules made under the Courts Ordinance.
(6) A person committed for trial before the Supreme Court under this section shall not be admitted to bail by a Magistrate except with the authority of the Attorney-General.
(7) At any trial before the Supreme Court under this section, the Court, or the presiding Judge thereof, may give directions for the summoning, arrest, custody and bail of all persons charged before the Court by information exhibited under this section :
(8) The trial of any person before the Supreme Court under this section may commence or continue in the absence of such person if the Court is satisfied that he is evading arrest, or absconding, or feigning illness.".

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