Code Of Criminal Procedure (Amendment)

Code Of Criminal Procedure (Amendment)

AN ACT TO AMEND THE CODE OF CRIMINAL PROCEDURE ACT, No. 15 OF 1979

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:-

[4^th June
, 1998 ]

Short title.

1. This Act may be cited as the Code of Criminal Procedure (Amendment) Act, No. 28 of 1998.

Amendment of section 2 of Act No. 15 of 1979.

2. Section 2 of the Code of Criminal Procedure Act, No. 15 of 1979 (hereinafter referred to as the “principal enactment”) is hereby amended as follows:”

(1) by the insertion immediately after the definition of “Chief Justice” of the following definition :”

“child abuse” means an offence under section 286A, 288, 288A, 288B, 308A, 360A, 360B, 360C, 363, 364A, 365, 365A, or 365B of the Penal Code when committed in relation to a child;” ;

(2) by the insertion, immediately after the definition of “person” of the following definition :”

“place of safety” includes a remand home or hospital or any institution for care and custody ;

Insertion of new section 43A in the principal enactment.

3. The following new section is hereby inserted immediately after section 43 and shall have effect as section 43A of the principal enactment:”

“Special provisions regarding persons arrested in respect of child abuse.

43A

(1)The provisions of sections 36 and 37 shall not apply in relation to persons suspected or accused of child abuse.

(2) A police officer making an arrest, without a warrant, of any person suspected or accused of child abuse, shall without unnecessary delay and within twenty four hours of the arrest, produce such person before a Magistrate having jurisdiction in the case.

(3) The Magistrate before whom a person arrested under subsection (2) is produced may upon a certificate being filed by a police officer not below the rank of a Superintendent of Police or in his absence the officer acting on his behalf, to the effect that it is necessary to detain such person in custody for the purpose of investigation, make an order permitting the detention of such person in police custody for a period not exceeding three days.

(4) Upon the conclusion of the investigation or upon the completion of the period of detention specified in the order made under subsection (3), which ever occurs first, such person shall be produced before the Magistrate and the provisions of this Act, shall apply, to and in relation to such person.

Insertion of new section 451A in the principal enactment.

4. The following new section is hereby inserted immediately after section 451 and shall have effect as section 451A of the principal enactment-

“Warrant of granting custody of victim to a place of safety.

451A.

(1)Where it appears to a court in which indictment or charge for child abuse has been filed that the child in relation to whom the child abuse is alleged to have been committed requires care and protection, the court may order such child to be kept in a place of safety for care and protection, pending the trial.

(2) Where a court makes an order under subsection (1) that a child in relation to whom the child abuse is alleged to have been committed be kept in a place of safety for care and protection, a warrant substantially in the form set out in the Second Schedule shall be signed by the court and delivered to the Fiscal of the court.”.

Insertion of new section 453A in the principal

5. The following new section is hereby inserted immediately after section 453 and shall have effect as section 453A of the principal enactment:”

“Priority for trials and appeals.

453A. Every court shall give priority to the trial of any person charged with or indicted for child abuse before such court and to the hearing of any appeal from the conviction of any person for child abuse or against any sentence imposed on such conviction.”.

Amendment of the First Schedule to the principal enactment.

6. The First Schedule to the principal enactment amended by Act, No. 19 of 1997 is hereby further amended as follows”

(1) by the insertion immediately after the entries relating to section 287, of the following entries:”

“288	Causing or procuring children to beg.	May arrest without warrant.	Sum -mons	Not bail -able	Not com-pound-able	Imprison -ment either descriptionfor not exceeding five years and mayalso be liableto a fine.	Mag- is-trate’s Court.
288A	Hiring or employing children to act as procurer for sexual intercource.	Same	Same	Same	Same	Imprison -ment either descriptionfor not less than two years and not exceeding five years and may also be liable to a fine.
288B	Hiring or employing children to traffic in restricted.	Same	Same	Same	Same	Imprison -ment of either description for not less than five years and not exceeding seven years and may also be liable to a fine.”.

(2) by the repeal of the entries relating to section 302.”,

Amendment of the Second Schedule to the principal enactment.

7. The Second Schedule to the principal enactment as amended by Act No. 4 of 1995 is hereby further amended by the insertion, after From No. 11, thereof of the following Form :”

Sinhala text to prevail in case of inconsistency.

8. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, Sinhala text shall prevail.

Schedules