Sri Lanka Consolidated Acts Sri Lanka Consolidated ActsSpecial defence open to a person charged with an offence
| 42. Where a person (hereinafter in this section referred to as " the accused ") is charged with an offence against this Act, the accused shall, upon complaint duly made by him in accordance with the provisions of section 148 of the Criminal Procedure Code and on giving to the prosecution not less than three days notice of his intention, be entitled, subject to the provisions of Chapter XV of that Code, to have any other person whom he charges as the actual offender, brought before the court; and if, after the commission of the offence has been proved, the accused proves to the satisfaction of the court, that he has used due diligence to enforce the provisions of this Act and that such other person has committed the offence without his knowledge, consent or connivance, such other person shall be convicted of the offence and the accused shall be acquitted of the offence. |