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Criminal Procedure Code (Amendment)


Published: 1964

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Criminal Procedure Code (Amendment)

CHAPTER 20
Criminal Procedure Code (Amendment)

AN ACT TO AMEND THE CRIMINAL PROCEDURE CODE.
Short title. 1.This Act may be cited as the Criminal Procedure Code (Amendment) Act.
Amendment of section 2 of Chapter 20.[§ 3, 6 of 1964.] 2. Section 2 of the Criminal Procedure Code, hereinafter referred to as the " principal enactment", is hereby amended by the insertion, immediately after the definition of "Government Analyst", of the following definition :-
' " headman" includes a Grama Sevaka, and accordingly any reference in this Code to the village of a headman shall, if such headman is a Grama Sevaka, be deemed to be a reference to such Grama Sevaka's Division ;'.
Amendment of section 45 of the principal enactment. [§ 2, 10 of 1957.] 3. Section 45 of the principal enactment is hereby amended by the repeal of subsection (3) of that section and the substitution therefor of the following new subsection : -
" (3) The summons-
(a) may be served on a corporation by delivering it to the secretary or a like officer, or a director, or the person in charge of the principal place of business, of the corporation, and
(b) may be served on an unincorporate body of persons by delivering it to the president, the secretary, or a like officer of such body, and
(c) where it cannot be served in accordance with the preceding provisions of this subsection, may be served on a corporation or an unincorporate body of persons by delivering it by registered post at the registered office or, if there is no registered office, at the principal place of business, of such corporation or body.
Where the summons is delivered by registered post in accordance with the provisions of paragraph (c) of this subsection, the advice of delivery issued under rule 67 of the Inland Post Rules, 1934, shall foe sufficient evidence of the delivery of the summons at the registered office or principal place of business. ".
Insertion of new section 45a in the principal enactment.[§ 3, 10 of 1957.] 4. The following new section is hereby inserted immediately after section 45, and shall have effect as section 45A, of the principal enactment:-
" Appearance for a corporation in the in court, &c. 45A.
(1) At any inquiry or trial in any court in which a is accused, the corporation may be represented by a pleader or by a person appointed in writing as the representative of the corporation by the managing director, the secretary, or a like officer of the corporation.
(2) Where a corporation is represented by a pleader or by any other person appointed in accordance with the provisions of subsection (1) at any inquiry or trial in any court in which the corporation is the accused-
(a) such pleader or other person may answer to the charge against the accused and may, where the consent of the accused is required for any purpose, give or refuse such consent, and may exercise on behalf of the accused all or any of the rights of the accused, and
(b) any requirement of this Code that anything shall be done in the presence of, or shall be read or said to, the accused shall be construed as a requirement that such thing shall be done in the presence of, or read or said to, such pleader or other person.
(3) Where a corporation is not represented by a pleader or any other person appointed in accordance with the provisions of subsection (1) at any inquiry or trial in any court in which the corporation is the accused, the court shall, if the court is satisfied that summons has been served on the corporation in accordance with the provisions of subsection (3) of section 45, have the power to proceed with and conclude the inquiry or trial notwithstanding the fact that the corporation is not represented at the inquiry or trial.",
Amendment of section 122 of the principal enactment. [§ 2, 42 of 1961.3 5. Section 122 of the principal enactment is hereby amended in subsection (3) of that section by the substitution, for the words " Neither the accused ", of the words and figures " Save as otherwise provided in section 122A, neither the accused ".
Insertion of new sections 122A and 122B in the principal enactment. [§ 3, 42 of 1961.] 6. The following new sections are hereby inserted immediately after section 122, and shall effect as sections 122A and 122B of the principal enactment : -
Certified copies of information given under section 121 (1) and of certain statements recorded under section 122 (1) 122A.
(1) Where in pursuance of any information given under subsection (1) of section 121 proceedings are instituted in a Magistrate's Court under section 148, the accused or his proctor shall be entitled to obtain from the proper authority a certified copy of such information and of any statement made under subsection (1) of section 122 by the person against whom or in respect of whom the accused is alleged to have committed an offence.
(2) In this section, the expression " proper authority ",-
(a) in relation to any information or statement contained in an Information Book kept by an officer in charge of a police station, means such officer, and
(b) in relation to any information or statement contained in an Information Book kept by an inquirer, means such inquirer.
Certified copies obtained under section 122A to be admissible in. evidence. 122B. In any proceedings under this Code, the production of a certified copy of any information or statement obtained under section 122B shall be prima facie evidence of the fact that such information was given, or that such statement was made, to the police officer or inquirer by whom it was recorded ; and notwithstanding the provisions of any other law, it shall not be necessary to call such officer or inquirer as a witness solely for the purpose of producing such certified copy.'.
Amendment of section 147 (1) (aa) of the principal enactment. [§ 71, 40 of 1958.] 7. Section 147 of the principal enactment is hereby amended, in subsection (1) of that section, by the substitution, in paragraph (aa) of that subsection, for the expression " Attorney-General", of the expression "Bribery Commissioner",
Amendment of section 158 of the principal enactment. [§ 2, 34 of 1956.] 8. Section 158 of the principal enactment is hereby amended, in subsection (2) of that section, by the substitution, for all the words from " material: " to the end of that subsection, of the word " material.".
Amendment of section 165f of the principal enactment. [§ 3, 34 of 1956.] 9. Section 165f of the principal enactment is hereby amended by the insertion, immediately after subsection (1) of that section, of the following subsection : -
" (1A) The Attorney-General may, subject to the provisions of this Code relating to the joinder of charges, include in the indictment any charge in respect of any offence which is disclosed by the evidence taken by the Magistrate, notwithstanding that such charge may not have been read to the accused by the Magistrate. ".
Amendment of section 290 of the principal enactment. [§ 12, 12 of 1963.] 10. Section 290 of the principal enactment is hereby amended in the table appearing in that section as follows : -
(1) in Part A of that table, by the insertion, immediately after the item relating to sections 409 and 410 of the Penal Code, of the following new items, the several particulars contained therein being inserted in the appropriate columns of that table : - "Offences Sections of Penal Code applicable Persons by whom offences may be compounded Mischief by killing or maiming any 411 The person in possession of the animal animal of the value of injured.."; ten rupees 412 Mischief by killing or maiming cattle, &c, or any animal of the value of fifty rupees
(2) in Part B of that table, by the omission of the following items : - " Mischief by killing or maiming any animal of the value of ten rupees .. 411 Mischief by killing or maiming cattle, &c., or any animal of the value of fifty rupees .. . . 412. "
Amendment of section 301 of the principal enactment. [§ 6, 3 of 1961.] 11. Section 301 of the principal enactment is hereby amended by the repeal of subsection (2) of that section and the substitution therefor of the following subsection : -
" (2) Where any document is in a language other than Sinhala, there shall be filed with it a Sinhala translation or, if the language of the document is not English, an English translation thereof or of so much thereof as is material, according as the language used for recording the proceedings in the court in which that document is produced is Sinhala or English.".
Amendment of section 406 of the principal enactment. [§ 2, 25 of 1961.] 12. Section 406 of the principal enactment is hereby amended as follows : -
(1) in the marginal note to that section, by the substitution, for the words " Government Radiologist receivable", of the words " Government Radiologist or Government medical officer receivable " ;
(2) in subsection (3) of that section- (a) by the substitution, for the words " skiagraph, may be used", of the words " skiagraph, or any document purporting to be a report (other than a report upon a skiagraph) under the hand of a Government medical officer upon any person, matter or thing examined by such Government medical officer, may be used " ; and (b) by the substitution, in the proviso to that subsection, for the words " so needed. ", of the words " so needed, or of proving the identity of the person, matter or thing examined by such Government medical officer with the person, matter or thing in respect of whom or which his report is so needed.";
(3) in subsection (4) of that section, by the substitution, for the expression " the Government medical officer or other medical witness referred to in subsection (1) ", of the expression " the Government medical officer referred to in subsection (1) or subsection (3) or other medical witness referred to in subsection (1) " ; and
(4)in subsection (5) of that section, by the substitution, for the words "or Government Analyst", of the words " or Government medical officer or Government Analyst".
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 : -
"Three Judges of the Supreme Court at Bar may try without jury in certain cases . 440A.
Cap. 19. (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,
the Minister of Justice may by Order under his hand direct that the trial of any person for such offence shall be held before the Supreme Court at Bar by three Judges without a jury.
(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.
Cap. 6. (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 :
Provided, however, that any such person shall not be admitted to bail except with the consent of the Attorney-General.
(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.".
Insertion of new section 440B in the principal enactment. [§ 4, 31 of 1962.] 14. The following new section is hereby inserted immediately after section 440A of the principal enactment, and shall have effect as section 440B of that enactment: -
" Special provisions regarding trials at Bar before the Supreme Court under section 216 or section 440A of this Code . 440B.
(1) In every case of a trial at Bar before or by the Supreme Court under section 216 or section 440a of this Code, it shall be lawful for the Chief Justice to name the three Judges (of whom he may be one, before or by whom the trial shall be held.
(2) At any trial before or by the Supreme Court under section 216 or section 440A of this Code, the determination of any question before the Court shall be according to the opinion of the majority of the Judges.".
Amendment of the First Schedule to the principal enactment. 15. The First Schedule to the principal enactment is hereby amended as follows : -
[§ 5, 31 of 1962.] Cap. 19. (1) in the entry in the Third Column of that Schedule relating to section 113B of the Penal Code, by the substitution, for the words " if arrest", of the words " if arrest for the offence " ;
[§ 5, 31 of 1962.] (2) in the entry in the Third Column of that Schedule relating to section 114 of that Code, by the substitution, for the words " Shall not ", of the word " May " ;
[§ 5, 31 of 1962.] (3) in the entry in the Third Column of that Schedule relating to section 123 of that Code, by the substitution, for the words " Shall not " of the word " May ".