CRIMINAL PROCEDURE CODE

(a) an advocate;

(b) any person authorized under any law for the time being to practise in such court;

(1) Words which refer to acts done extend to illegal omissions.

(2) All words and expressions used herein and defined in the Penal Code and not herein before defined shall be deemed to have the meanings respectively attributed to them by that Code.

(3) Whenever by or for the purposes of this Code any person is directed or required to sign a document the signature must be written with a pen or other like instrument and must not be affixed or impressed by a stamp or other like means.

(a) no District Court shall try any such offence which is punishable with imprisonment for a term which may exceed two years or with a fine which may exceed one thousand rupees; and

(b) except as hereinafter provided no Magistrates Court shall try any such offence which punishable with imprisonment for a term which may exceed six months or with a fine which may exceed one hundred rupees.

(a) imprisonment of either description for a term not exceeding two years;

(b) fine not exceeding one thousand rupees;

(c) whipping.;

(d) any lawful sentence combining any two of the sentences aforesaid.

(1) A Magistrate’s Court may, subject to the provisions of section 152 (3), pass any of the following sentences: –

(2) Nothing in this section shall be deemed to repeal the provisions of any enactment now in force whereby special powers of punishment are given to Magistrates’ Courts.

(1) A District Court or a Magistrate’s Court may award such term of imprisonment in default of payment of a fine as is authorized by law in case of such default, provided that the term awarded is not in excess of the court’s powers under this Code.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the court under sections 14 or 15.

(1) When a person is convicted at one trial of any two or more distinct offences the court may sentence him for such offences to the several punishments prescribed therefor which such court is competent to inflict; such punishments when consisting of imprisonment to commence, unless the court orders them or any of them to run concurrently, the one after the expiration of the other in such order as the court may direct, but it shall not be necessary for a Magistrate’s Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of one single offence, to send the offender for trial before a superior court:

Provided that if the case is tried by a District Court or a Magistrate’s Court the aggregate punishment shall not exceed twice the amount of punishment which such court in the exercise of its ordinary jurisdiction is competent to inflict.

(2) For the purpose of appeal aggregate sentences passed under this section in case of convictions for several offences at one trial shall be deemed to be a single sentence.

(a) in the taking of any other person whom such Magistrate or peace officer is authorized to arrest;

(b) in the prevention of a breach of the peace or of any injury attempted to be committed to any public property;

(c) in the suppression of a riot or any affray.

(a) of the commission of or the intention of any other person to commit any offence punishable under the following sections of the Penal Code, namely, 114, 115, 116, 117, 118, 119, 120, 121, 122, 126, 296, 297, 371, 380, 381, 382, 383, 384, 418, 419, 435, 436, 442, 443, 444, 445, and 446;

(b) of any sudden or unnatural death or death by violence, or of any death under suspicious circumstances, or of the body of any person being found dead without it being known how such person came by death,

(a) the commission of any offence within the local jurisdiction in which he is empowered to act;

(b) the occurrence therein of any sudden or unnatural death or of any death under suspicious circumstances;

(c) the finding of the dead body of any person without its being known how such person came by death.

(1) In making an arrest the person making the same shall actually touch or confine the body of the person to be arrested unless there be a submission to the custody by word or action.

(2) If such person forcibly resist the endeavour to arrest him or attempt to evade the arrest, the person making the arrest may use all means necessary to effect the arrest.

(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death.

(a) is arrested by a peace officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or

(b) is arrested without warrant or by a private person under a warrant and cannot legally be admitted to bail or is unable to furnish bail,

(1) Any peace officer may without an order from a Magistrate and without a warrant arrest-

(2) Nothing in this section shall be held to interfere with or modify the operation of any enactment empowering a peace officer to arrest without a warrant.

(1) When any person in the presence of a peace officer is accused of committing a non-cognizable offence and refuses on the demand of such peace officer to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such peace officer in order his name or residence may be ascertained, and he within twenty-four hours from the arrest exclusive of the time necessary for the journey be taken before the nearest Magistrate’s Court unless before that time his true name and residence arc ascertained, in which case such person shall be forthwith released on his executing a bond for his appearance before a Magistrate’s Court if so required.

(2) When any person is accused of committing non-cognizable offence and a peace officer has reason to believe that such person has no permanent residence in Ceylon and that he is about to leave Ceylon, he may be arrested by such peace officer and shall be taken forthwith to the nearest Magistrate, who may either require him to execute a bond with or without a surety for his appearance before a Magistrate’s Court or may order him to be detained in custody until he can be tried.

(1) Every summons issued by a court under this Code shall be in writing in duplicate and signed in the case of the Supreme Court by the Registrar and in the case of a District Court by the Secretary and in the case of a Magistrate’s Court by a Magistrate or such other officer as the Minister of Justice [1] may from time to time appoint, and shall be in the prescribed form.

(2) If the person summoned is a person who is believed not to be able to read English one of such duplicates shall if he is a Sinhalese be in Sinhalese, and if he is a Tamil, Moorman, or Malay one of such duplicates shall be in Tamil.

(1) The summons shall ordinarily be served by a Fiscal’s officer or a peace officer, but the court issuing the same may if it see fit direct it to be served by any other person.

(2) It shall if practicable be served personally on the person summoned by delivering or tendering to him one of the duplicates of the summons which in the case of a Sinhalese, Tamil, Moorman, or Malay shall be the duplicate in the vernacular.

(3) In the case of a company or association of persons whether incorporated or not the summons may be served on the secretary or other like officer of the same.

(1) When a summons issued by a court is served an affidavit of such service purporting to be made before an officer duly authorized to administer an oath, or affirmation, or a report of such service purporting to be made by a peace officer, or in the case mentioned in section 48 the endorsement therein mentioned, shall be admissible in evidence and the statements made therein shall be deemed to be correct unless and until the contrary is proved.

(2) Every person making such report or endorsement as in this section mentioned shall be legally bound to state the truth in such statement or endorsement.

(3) Any person appointed by the Minister of Justice 1 in that behalf is hereby authorized to administer the oath or affirmation which is requisite to the making of the affidavit mentioned in subsection (1) of this section.

(1) Every warrant of arrest issued by a court under this Code shall be in writing, signed in the case of the Supreme Court by the Chief Justice or a Puisne Justice, in the case of a District Court by a Judge thereof, and in the case of a Magistrate’s Court by a Magistrate thereof, and shall be in the prescribed form.

(2) Every such warrant shall remain in force until it is cancelled by the court which issued it or until it is executed.

(1) A Magistrate’s Court issuing a warrant for the arrest of any person may in the case of any nonbailable offence and shall in the case of a bailable offence direct by endorsement on the warrant that if such person execute a bond with sufficient sureties for his attendance before the court at a specified time and thereafter until otherwise directed by the court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.

(2) The endorsement shall state-

(3) Whenever security is taken under this section the officer to whom the warrant is directed shall forward the bond to the court.

(1) A warrant of arrest shall ordinarily be directed to the Fiscal of the province wherein the court issuing such warrant is sitting and may be executed by all Fiscals, Deputy Fiscals, fiscals’ officers, and peace officers within the limits of their several and respective jurisdictions or in any part of Ceylon by any police officer.

(2) The court issuing the warrant may direct it to any other person or persons by name or office and such person or persons or any police officer may execute the same.

(3) When the warrant is directed to a peace officer by name it shall not be executed by another peace officer unless endorsed to him by name.

(4) When the warrant is directed to more persons than one it may be executed by all or any one or more of them.

(1) When a warrant of arrest is to be executed outside the local limits of the jurisdiction of the court issuing the same such court shall ordinarily forward the same by post or otherwise to the Magistrate’s Court within the local limits of the jurisdiction of which it is to be executed.

(2) A Magistrate of the Magistrate’s Court to which the warrant is so forwarded shall endorse his name thereon and if practicable cause it to be executed within the local limits of his jurisdiction.

(3) Whenever there is reason to believe that the delay or publicity occasioned by obtaining the endorsement of the Magistrate within the local limits of whose jurisdiction a warrant is to be executed will prevent such execution, the court issuing the warrant may direct the warrant specially to any person; and a warrant so specially directed shall have effect and may lawfully be executed by such person without such endorsement as aforesaid anywhere within Ceylon:

Provided always that upon the execution of such warrant the provisions of section 58 shall apply.

(1) When a warrant of arrest is executed outside the local limits of the jurisdiction of the court by which it was issued the person arrested shall, unless the court which issued the warrant is within twenty miles of the place of arrest or is nearer than the Magistrate’s Court within the local limits of the jurisdiction of which the arrest was made or unless security be taken under section 51, be carried before such last-mentioned Magistrate’s Court.

(2) Such latter Magistrate’s Court shall, if the person arrested appears to be the person intended by the court which issued the warrant, direct his removal in custody to such last-mentioned court:

Provided that if the offence be bailable and the person arrested be ready and willing to give bail to the satisfaction of the court before which he shall have been brought, or a direction has been endorsed under section 51 on the warrant and such person is ready and willing to give the security required by such direction, such last-mentioned court shall take such bail or security as the case may be and forward the bond to the court which issued the warrant.

(3) Nothing in this section shall be deemed to prevent a peace officer from taking security under section 51.

(1) If any court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.

(2) The proclamation shall be published as follows: –

(3) A statement by the court issuing the proclamation to the effect that the proclamation was duly published on a specified day shall be conclusive evidence that the requirements of this section have been complied with and that the proclamation was published on such day.

(1) The court may after issuing a proclamation under the last preceding section order the attachment of any property, movable or immovable or both, belonging to the proclaimed person.

(2) Such order shall authorize the attachment of any property belonging to such person within the local jurisdiction of the court by which it is made, and it shall authorize the attachment of any property belonging to such person without such jurisdiction when endorsed by a District Judge or a Magistrate within whose jurisdiction such property is situate.

(3) If the property ordered to be attached be debts or other movable property, the attachment under this section shall be made-

(4) If the property ordered to be attached be immovable, the attachment under this section shall be made through the Government Agent or Assistant Government Agent of the district in which such property is situate-

(5) The powers, duties, and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed in a civil proceeding.

(6) If the proclaimed person does not appear within the time specified in the proclamation, the property under attachment shall be at the disposal of the Minister of Justice,1 but it shall not be sold until the expiration of six months from the date of the attachment unless it is subject to speedy and natural decay or the court considers that the sale would be for the benefit of the owner, in either of which cases the court may cause it to be sold whenever it thinks fit.

(7) Notice of every such order of attachment of immovable property shall be forthwith given by the court making the same to the Registrar of Lands for the district in which such property is situate, who shall forthwith register the same, and no such order shall take effect until the same is registered under the provisions of the Registration of Documents Ordinance.

(8) In the case of the sale of immovable property the conveyance to the purchaser shall be executed by the Government Agent or the Assistant Government Agent of the district in which such property is situate, and a conveyance so executed shall vest such property in the purchaser in like manner as if such conveyance had been executed by the proclaimed person.

(1) A court may in any case in which it is empowered by this Code to issue a summons for the appearance of any person other than a juror or assessor issue, after recording its reasons in writing, a warrant for his arrest-

(2) Provided the court may make it a condition of the issue of a warrant under this section that the person applying for it shall deposit such sum as the court may deem reasonable for the purpose of defraying any expenditure that may be incurred in executing the warrant.

(1) All summonses to appear may be served in any part of Ceylon, provided that no such summonses shall be served outside the local limits of the jurisdiction of the court issuing the same unless the same be endorsed by such court with the words ” For service out of the jurisdiction “.

(2) No such summons shall be endorsed with the words ” For service out of the jurisdiction” unless the court is satisfied that there are grounds for allowing such service.

(3) The provisions of this Chapter as to the direction and execution of warrants shall apply as near as may be to summonses.

(1) Whenever any court considers that the production of any document or other thing is necessary or desirable for the purposes of any proceeding under this Code by or before such court it may issue a summons to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it or to produce it at the time and place stated in the summons.

(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.

(3) Nothing in this section shall be deemed to affect the provisions of sections 123 and 130 of the Evidence Ordinance, or to apply to any book, letter, post card, telegram, or other document in the custody of the Postal or Telecommunication authorities.

(1) If any such book, letter, post card, telegram, or other document as in subsection (3) of the last preceding section is mentioned is in the opinion of the Supreme Court wanted for the purpose of any proceeding under this Code the Supreme Court may require the Postal or Telecommunication authorities as the case may be to deliver such document to such person as such court directs.

(2) If any such document is in the opinion of the Attorney-General wanted for any such purpose he may require the Postal or Telecommunication authorities as the case may be to cause search to be made for and to detain such document pending the orders of the Supreme Court.

(1)

(2) Every such warrant shall remain in force for a reasonable number of days to be specified in such warrant.

(3) Nothing herein contained shall authorize any court other than the Supreme Court to grant a warrant to search for a document in the custody of the Postal or Telecommunication authorities.

(a) that any place is used for the deposit or sale of stolen property or of property unlawfully obtained; or

(b) that any place is used for the deposit or sale or manufacture of forged documents, false seals, or counterfeit stamps or coin, or instruments or materials for counterfeiting coin or stamps or for forging; or

(c) that any stolen property or property unlawfully obtained, forged documents, false seals, or counterfeit stamps or coin, or instruments or materials used for counterfeiting coin or stamps or for forging, are concealed, kept, or deposited in any place,

(i) to enter with such assistance as may be required such place; and

(ii) to search the same in manner specified in the warrant; and

(iii) to take possession of any property, documents, seals, stamps, or coins therein found which he reasonably suspects to be stolen, unlawfully obtained, forged, false, or counterfeit and also of any such instruments and materials as aforesaid; and

(iv) to convey such property, documents, seals, stamps, coins, instruments, or materials before a Magistrate’s Court or to guard the same on the spot until the offender is taken before a Magistrate’s Court or otherwise to dispose thereof in some place of safety; and

(v) to take into custody and carry before a Magistrate’s Court every person found in such place who appears to have been privy to the deposit, sale, or manufacture, or keeping of any such property, documents, seals, stamps, coins, instruments, or materials, knowing or having reasonable cause to suspect the said property to have been stolen or otherwise unlawfully obtained or the said documents, seals, stamps, coins, instruments, or materials to have been forged, falsified, or counterfeited or the said instruments or materials to have been or to be intended to be used for counterfeiting coin or stamps or for forging.

(1) Whenever any place liable to search or inspection under this Chapter is closed any person residing in or being in charge of such place shall on demand of the person executing the warrant and on production of the warrant allow him free ingress thereto and afford all reasonable facilities for a search therein.

(2) If ingress into such place cannot be so obtained the person executing the warrant may proceed in manner provided by section 25.

(1) A search warrant directed or endorsed to a peace officer may, if he is not able to proceed in person, be executed by any other peace officer.

(2) In such case the name of such peace officer shall be endorsed upon the warrant by the officer to whom it is directed or endorsed.

(1) The Magistrate by whom a search warrant is issued may attend personally for the purpose of seeing that the warrant is duly executed.

(2) Any Magistrate may orally direct a search to be made in his presence of any place for the search of which he is competent to issue a search warrant.

(1) Whenever any person is convicted of any offence which involves a breach of the peace or of committing criminal intimidation by threatening injury to person or property, or of being a member of an unlawful assembly, and the court before which such person is convicted is of opinion that it is proper to require such person to execute a bond for keeping the peace, such court may at the time of passing sentence on such person order him to execute a bond for a sum proportionate to his means with or without sureties for keeping the peace during such period in each instance as it thinks fit to fix, not exceeding six months if the sentence or order be by a Magistrate’s Court or two years if the sentence or order be by a District Court.

(2) If the conviction is set aside on appeal or otherwise the bond so executed shall become void.

(a) that any person is taking precautions to conceal his presence within the local limits of the jurisdiction of the Court of such Magistrate and that there is reason to believe that such person, is taking such precautions with a view to committing an offence; or

(b) that there is within such limits a person who has no ostensible means of subsistence or who cannot give a satisfactory account of himself,

(1) When any person appears or is brought before a Magistrate in compliance with or in execution of a summons or warrant issued under section 84 the Magistrate shall proceed to inquire into the truth of the information upon which he has acted and to take such further evidence as may appear necessary.

(2) Such inquiry shall be made as nearly as may be practicable in the manner hereinafter prescribed for conducting trials in summary cases before Magistrates’ Courts.

(3) For the purpose of this section the fact that a person is an habitual offender or is such a person as is mentioned in section 83 may be proved by evidence of general repute or otherwise.

(a) that the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive;

(b) that when the person in respect of whom the inquiry is made is a minor the bond shall be executed only by his sureties.

(1) At the time of making an order requiring security under this Chapter, the court may, if it thinks fit so to do, allow time not exceeding one month for furnishing the security;

Provided that a Magistrate’s Court shall allow time in every such case unless for any special reason (to be recorded by the court) it is of opinion that time should not be allowed.

(2) The provisions of this section shall not apply to an order made in respect of a person who is, at the time the order is made, sentenced to or undergoing a sentence of imprisonment.

(a) where time has not been allowed under section 89b, on the date of such order;

(b) where time has been allowed under that section, on the date on which the time so allowed expires;

(c) where the order is in respect of a person who is, at the time the order is made, sentenced to or undergoing a sentence of imprisonment, on the date on which such sentence expires.

(1) Whenever a court is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person the court may order such person to be discharged.

(2) A court other than the Supreme Court shall not exercise this power except in cases where the imprisonment is under its own order.

(1) Any surety for the peaceable conduct or good behaviour of another person may at any time apply to a Magistrate to cancel any bond executed under this Chapter within the local limits of his Jurisdiction.

(2) On such application being made the Magistrate shall issue his summons or warrant as he thinks fit requiring the person for whom such surety is bound to appear or to be brought before him.

(3) When such person appears or is brought before the Magistrate such Magistrate shall cancel the bond and shall order such person to give for the unexpired portion of the term of such bond fresh security of the same description as the original security. Every such order shall have the same effect as the original order.

(1) When the Government Agent, Magistrate, or the Inspector-General of Police determines to disperse any such assembly by military force he may require any commissioned or non-commissioned officer in command of any soldiers of the Ceylon Army to disperse such assembly by military force and to arrest and confine such persons forming part of it as the Government Agent, Magistrate, or Inspector-General of Police may direct or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.

(2) Every such officer shall obey such requisition in such manner as he thinks fit, but in so doing he shad use as little force and do as little injury to person and Property as may be consistent with dispersing the assembly and arresting and detaining such persons.

(a) no Government Agent, Magistrate, or peace officer acting under this Chapter in good faith;

(b) no officer acting under section 103 in good faith;

(c) no person doing any act in good faith in compliance with a requisition under section 100 or section 102; and

(d) no inferior officer or soldier of the Ceylon Army doing any act in obedience to any order which under military law he was bound to obey,

(1) Whenever a Magistrate considers on receiving a report or other information and on taking such evidence (if any) as he thinks fit-

such Magistrate may make a conditional order requiring that the person causing such obstruction or nuisance or carrying on such trade or occupation or keeping any such goods or merchandise or owning, possessing, or controlling such building, substance, tree, tank, well, or excavation shall within a time to be fixed by such order-

(2) No order duly made under this section shall be called in question in any civil court.

(3) For the purpose of this section a ” public place” includes also property belonging to the Crown or vested in any public officer or department of state for public purposes and ground left unoccupied for sanitary or recreative purposes.

(1) The order and any other order or notice made or given under this Chapter shall if practicable be served on the person against whom it is made or to whom it is to be given in manner herein provided for service of a summons.

(2) If such order cannot be so served it shall be notified by proclamation published in the Gazette and a copy thereof shall be posted up at such place or places as may be fittest for conveying the information to such person.

(a) perform the act directed thereby; or

(b) appear in accordance with such order and show cause against the same.

(1) If such person appears and shows cause against the order the Magistrate’s Court shall take evidence in the matter.

(2) If such court is satisfied that the order is not reasonable and proper it shall either rescind the same or modify it in accordance with the requirements of the case, and in the latter case the order as modified shall be made absolute.

(3) If such court is not so satisfied the order shall be made absolute.

(1) If such act is not performed within the time specified in the notice issued under the last preceding section the Magistrate’s Court may cause it to be performed and may recover the costs of performing it either by the sale of any building, goods, or other property removed by its order or by the distress and sale of any other movable property of such person within or without the local limits of the jurisdiction of such court. If such other property is without such limits the order shall authorize its attachment and sale when endorsed by a Magistrate within the local limits of whose jurisdiction the property to be attached is found.

(2) No suit shall lie in respect of anything done in good faith under this section.

(1) If the Magistrate’s Court making an order under section 105 considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public it may issue such an injunction to the person against whom the order was made as is required to obviate or prevent such danger or injury.

(2) In default of such person forthwith obeying such injunction such court may use or cause to be used such means as it thinks fit to obviate such danger or to prevent such injury.

(3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section.

(1) In cases where in the opinion of a Magistrate immediate prevention or speedy remedy is desirable such Magistrate may by a written order stating the material facts of the case and served in manner provided by section 106 direct any person to abstain from a certain act or to take certain order with certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent or tends to prevent obstruction, annoyance, or injury, or risk of obstruction, annoyance, or injury to any persons lawfully employed, or danger to human life, health, or safety, or a riot or an affray.

(2) An order under this section may in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed be made ex parte.

(3) An order under this section may be directed to a particular person or to the public generally when frequenting or visiting a particular place, and in the latter case a copy of the order shall be published as provided by section 106 (2), except that it shall not be necessary to notify it by proclamation in the Gazette.

(4) Any Magistrate may rescind or alter any order made under this section by himself or by his predecessor in office.

(5) No order under this section shall remain in force for more than fourteen days from the making thereof unless, in cases of danger to human life, health, or safety, or a likelihood of a riot or an affray, the Minister1 by notification in the Gazette otherwise directs.

(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station or to an inquirer, shall be reduced to writing by him or under his direction and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and a copy thereof shall be entered in a book, hereinafter referred to as ” the Information Book “, to be kept by such officer or inquirer in such form as the Minister [1] may prescribe in this behalf.

(2) If from information received or otherwise an officer in charge of a police station or inquirer has reason to suspect the commission of a cognizable offence, he shall forthwith send a report of the same to the Magistrate’s Court having jurisdiction in respect of such offence, or. in the case of an officer in charge of a police station, to his own immediate superior, and shall proceed in person to the spot to investigate the facts and circumstances of the case and to take such measures as may be necessary for the discovery and arrest of the offender:

Provided that an officer in charge of a police station may depute one of his subordinate officers to proceed to the spot to make such investigation and take such measures as may be necessary for the discovery and arrest of the offender, or if it appear to him that there is no sufficient ground for entering on an investigation he shall not be bound to investigate the case.

(3) Any police officer or inquirer making an investigation under this Chapter may by order in writing require the attendance before himself of any person being within the limits of the station of such police officer or any adjoining station or within the local Limits of the jurisdiction of such inquirer who, from the information given or otherwise, appears to be acquainted with the circumstances of the case, and such person shall attend as so required.

If any person when required to attend by an inquirer refuses or fails to do so, the inquirer may thereupon in his discretion issue a warrant to secure the attendance of such person as required by such order as aforesaid.

(1) Any police officer or inquirer making an inquiry under this Chapter may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined, but no oath or affirmation shall be administered to any such person, nor shall the statement be signed by such person. If such statement is not recorded in the Information Book, a true copy thereof shall as soon as may be convenient be entered by such police officer or inquirer in the Information Book.

(2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer other than questions which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

(3) No statement made by any person to a police officer or an inquirer in the course of any investigation under this Chapter shall be used otherwise than to prove that a witness made a different statement at a different time, or to refresh the memory of the person recording it. But any criminal court may send for the statements recorded in a case under inquiry or trial in such court and may use such statements or information, not as evidence in the case, but to aid it in such inquiry or trial. Neither the accused nor his agents shall be entitled to call for such statements, nor shall he or they be entitled to see them merely because they are referred to by the court; but if they are used by the police officer or inquirer who made them to refresh his memory, or if the court uses them for the purpose of contradicting such police officer or inquirer, the provisions of the Evidence Ordinance, section 161 or section 145, as the case may be, shall apply.

Nothing in this subsection shall be deemed to apply to any statement falling within the provisions of section 32 (1) of the Evidence Ordinance, or to prevent such statement being used as evidence in a charge under section 180 of the Penal Code.

(1) Whenever any officer in charge of a police station or an inquirer making an investigation in a cognizable case considers that the production of any document or thing is necessary to the conduct of the investigation, and there is reason to believe that a person to whom summons or order under section 66 has been or might be issued will not produce such document or other thing as directed in the summons or order, or when such document or other thing is not known to be in the possession of any person, such officer or inquirer may search or cause search to be made for the same in any place.

(2) Such officer or inquirer shall if practicable conduct the search in person.

(3) If he is unable to conduct the search in person and there is no other person competent to make the search present at the time, he may require any headman to make the search, and he shall deliver to such headman an order in writing specifying the document or other thing for which search is to be made and the place to be searched, and such headman may thereupon search for such thing in such place.

(4) The provisions of this Code as to search warrants and searches thereunder shall so far as may be apply to a search made under this section.

(1) Whenever an investigation under this Chapter cannot be completed within the period of twenty-four hours fixed by section 37, and there are grounds for believing that the information is well founded, the officer in charge of the police station or the inquirer shall forthwith transmit to the Magistrate having jurisdiction in the case a report of the case, together with a summary of the statements, if any, made by each of the witnesses examined in the course of such investigation relating to the case, and shall at the same time forward the accused to such Magistrate.

(2) The Magistrate to whom an accused is forwarded under this section may, from time to time, by warrant addressed to the Fiscal of a province and to the superintendent of any prison in that province, authorize the detention of the accused in the custody of the Fiscal for a term not exceeding fifteen days in the whole.

The provisions of section 289a shall apply to every such warrant.

(3) If the Magistrate considers further detention unnecessary, he may either withdraw the case from the inquirer and himself try such case, or inquire into it with a view to committal, or may require the accused to execute a bond, with or without sureties, to appear if and when so required.

(1) If upon an investigation under this Chapter it appears to the officer in charge of the police station or the inquirer that there is sufficient evidence or reasonable ground as aforesaid, such officer or inquirer shall forward the accused under custody before a Magistrate’s Court having jurisdiction in the case, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such court.

When the officer in charge of a police station or an inquirer forwards an accused person before a Magistrate’s Court or takes security for his appearance, he shall send to such court any weapon or other article which it may be necessary to produce before such court, and shall require the complainant (if any) and so many of the persons who appear to such officer or inquirer to be acquainted with the circumstances of the case as he may think necessary to execute a bond to appear before a Magistrate’s Court therein named and give evidence in the matter of the charge against the accused.

(2) The officer or inquirer in whose presence the bond is executed shall send such bond to the Magistrate’s Court.

(3) If any complainant or witness refuses to execute such bond, such officer or inquirer shall report the same to the Magistrate’s Court, which may thereupon in its discretion issue a warrant or summons to secure the attendance of such complainant or witness before itself to give evidence in the matter of the charge against the accused.

(a) power to arrest or direct the arrest in his presence of any offender;

(b) power to issue a warrant or to order the removal of an accused person arrested under a warrant.

(1) Every inquirer and police officer shall have power, upon receiving an order from a Magistrate, to investigate a non-cognizable offence and to exercise all the powers conferred upon them by this Chapter in respect of such investigation.

(2) Subject to the provisions of section 37, every inquirer and officer in charge of a station shall have power to authorize the detention of a person during an investigation.

(1) Any Magistrate may record any statement made to him at any time before the commencement of an inquiry or trial.

(2) Such statement shall be recorded and signed in the manner provided in section 302 and dated, and shall then be forwarded to the Magistrate’s Court by which the case is to be inquired into or tried.

(3) No Magistrate shall record any such statement being a confession unless upon questioning the person making it he has reason to believe that it was made voluntarily; and when he records any such statement he shall make a memorandum at the foot of such record to the following effect: –

I believe that this statement was voluntarily made. It was taken in my presence and hearing and was read over by me to the person making it and admitted by him to be correct, and it contains accurately the whole of the statement made by him.

(Signed) A. B.

Magistrate of the Magistrate’s Court of .

(a) When it is uncertain in which of several local areas an offence was committed; or

(b) where an offence is committed partly in one local area and partly in another; or

(c) where an offence is a continuing one and continues to be committed in more local areas than one; or

(d) where it consists of several acts done in different local areas,

(1) No court shall take cognizance-

(2) The complaint of a court shall be in writing under the hand in the case of the Supreme Court of the Registrar, and in the case of any other court of the District Judge, the Commissioner of Requests, or a Magistrate of such court.

(3) Where complaint is made by a court such court may cause the accused to be arrested and sent in custody before the Magistrate’s Court having jurisdiction.

(4) When sanction is given in respect of any offence referred to in this section the court taking cognizance of the case may frame a charge of any other offence so referred to which is disclosed by the facts, but no such sanction shall remain in force for more than six months from the date on which it was given.

(1) Proceedings in a Magistrate’s Court shall be instituted in one of the following ways: –

(2) The written report under paragraph (b), the warrant of the Attorney-General under paragraph (e), and the written complaint under paragraph (f) of this section may be forwarded by post or by messenger to the Magistrate’s Court or delivered by hand to a Magistrate of such court and shall form part of the proceedings.

(3) Except as herein provided no written complaint shall be entertained by a Magistrate.

(1) Where the offence alleged in any proceedings instituted under section 148 (1) (a) or section 148 (1) (b) is an indictable one the Magistrate may, although no person by name is accused of having committed such offence, examine on oath the complain-ant or informant and any other person who may appear to the Magistrate to be able to speak to the facts of the case. Such examination may if the Magistrate thinks fit be held in private.

(2) Every examination held by the Magistrate under subsection (1) shall be reduced into writing and after being read over and if need be interpreted to the person examined shall be signed by him and also by the Magistrate and dated.

(3) If, after such examination, there is in the opinion of the Magistrate sufficient ground for proceeding against any person, he shall issue process against such person in the manner provided by section 151.

(1) Where proceedings have been instituted under paragraph (a) or paragraph (b) or paragraph (c) of section 148 (1) and the Magistrate is of opinion that there is sufficient ground for proceeding against some person who is not in custody-

Provided that-

(2) Where proceedings have been instituted under paragraph (d) of section 148 (1), the Magistrate shall forthwith examine on oath the person who has brought the accused before the court and any other person who may be present in court able to speak to the facts of the case.

(3) Where proceedings have been instituted under paragraph (e) or paragraph (f) of section 148 (1), the Magistrate shall issue a summons for the attendance of the person named in the warrant or complaint, or a 1 warrant for causing such person to be brought or to appear before the court at a certain time, according as the fourth column of the First Schedule provides that the case is one in which a summons or a warrant should issue in the first instance.

(1) Where the offence appears to be one not triable summarily by a Magistrate’s Court the Magistrate shall follow the procedure laid down in Chapter XVI.

(2) Where the offence appears to be one triable summarily by a Magistrate’s Court the Magistrate shall follow the procedure laid down in Chapter XVIII.

(3) Where the offence appears to be one triable by a District Court and not summarily by a Magistrate’s Court and the Magistrate being also a District Judge having jurisdiction to try the offence is of opinion that such offence may properly be tried summarily, he may try the same summarily following the procedure laid down in Chapter XVIII and in that case he shall have jurisdiction to impose any sentence which a District Court may lawfully impose.

(1) The Magistrate shall then take, in the presence of the accused and in the manner hereinafter provided, the statements on oath of those who know the facts and circumstances of the case, and put them in writing (called the depositions).

(2) The accused may put questions to each witness produced against him and the answer of the witness thereto shall be part of his deposition.

(3) If the accused is not represented by an advocate or proctor the Magistrate shall, at the close of the examination of each witness for the prosecution, ask the accused whether he wishes to put any questions to that witness.

(1) Any variance between facts stated in the charge read over to the accused under section 156 and the evidence adduced in support thereof as to the time or place at which the offence or act is alleged to have been committed shall not be deemed material if it be proved, in the case of the time, that the charge was in fact laid within the time limited by law for laying the same and, in the case of the place, that the jurisdiction of the court is not ousted thereby.

(2) Any variance in any other respect between the facts stated in the charge and the evidence adduced in support thereof shall not be material:

Provided that the accused shall not be convicted of any offence other than that with which he has been charged unless such other offence is one of which he may be lawfully convicted under the provisions of this Code upon the trial of the offence with which he is charged.

(3) Where any variance as is mentioned in this section appears to the Magistrate to be such that the accused has been thereby deceived or misled, the Magistrate may upon such terms as he shall think fit adjourn the inquiry to some future day.

(4) Upon any such variance appearing the Magistrate may make such amendment of the charge as he deems fit and may permit any witness to be recalled and further questioned upon any matters relevant to the variance or amended charge.

(1) The Magistrate shall then address to the accused the following words or words to the like effect: –

” Do you wish to say anything in answer to the charge ? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing and put in evidence at your trial”.

(2) Before the accused makes any statement in answer to the charge, the Magistrate shall state to him and give him clearly to understand that he has nothing to hope from any promise of favour and nothing to fear from any threat which may be held out to him to induce him to make any admission or confession of his guilt, but that whatsoever he then says will be given in evidence at his trial, notwithstanding the promise or threat.

(3) Any statement the accused makes in answer to the charge shall be recorded in the manner provided by section 302.

(1) Immediately after complying with the requirements of section 160 relating to the statement of the accused, and whether the accused has or has not made a statement, the Magistrate shall ask the accused whether he desires to give evidence on his own behalf and whether he desires to call witnesses.

(2) If the accused in answer to the question states that he wishes to give evidence but not to call witnesses, the Magistrate shall proceed to take forthwith the evidence of the accused, and after the conclusion of the evidence of the accused, his advocate or proctor (if the accused is represented) shall be heard on his behalf, if he so desires.

(3) If the accused in answer to the question states that he desires to give evidence on his own behalf and to call witnesses, or to call witnesses only, the Magistrate shall proceed to take either forthwith, or, if a speech is to be made by an advocate or proctor on behalf of the accused, after the conclusion of the speech, the evidence of the accused, if he desires to give evidence himself, and of any witness called by him who knows anything relating to the facts and circumstances of the case or anything tending to prove the innocence of the accused.

(4) If the accused states that he has witnesses to call, but that they are not present in court, and the Magistrate is satisfied that the absence of such witnesses is not due to any fault or neglect of the accused, and that there is a likelihood that they could, if present, give material evidence on behalf of the accused, the Magistrate may adjourn the inquiry and issue process or take other steps to compel the attendance of such witnesses.

(5) Evidence given by the accused or any such witness as aforesaid shall be taken down in writing and the provisions of section 157 shall apply in the case of witnesses for the defence as they apply in the case of witnesses for the prosecution, except that the Magistrate shall not bind over to attend the trial any witness who is a witness merely to the character of the accused.

(1) If the Magistrate considers that the evidence against the accused is not sufficient to put him on his trial, the Magistrate shall forthwith order him to be discharged as to the particular charge under inquiry; but such discharge shall not be a bar to any subsequent charge in respect of the same facts:

provided that nothing contained in this section shall prevent the Magistrate from either forthwith or after such adjournment of the inquiry as may seem expedient in the interests of justice, proceeding to investigate any other charge upon which the accused. may have been summoned or otherwise brought before him, or which, in the course of the charge so dismissed as aforesaid, it may appear that the accused has committed.

(2) Nothing in this section shall be deemed to prevent the Magistrate from discharging the accused at any stage of the case if for reasons (to be recorded by him) he considers the complaint to be groundless.

(1) If the Magistrate considers the evidence sufficient to put the accused on his trial, the Magistrate shall commit him for trial.

(2) If the offence disclosed by the evidence is, according to the First Schedule, triable by the Supreme Court only, he shall commit the accused for trial before the Supreme Court, but if the offence is according to that Schedule triable by a District Court as well as by the Supreme Court, he shall, in his discretion, commit the accused for trial before the Supreme Court or the District Court.

(1) The Magistrate shall at the time of committing the accused for trial require the accused to state orally there and then the names of persons (if any) whom he wishes to be required to give evidence at his trial, distinguishing between those whom he proposes to call to speak to facts and those who are merely to speak to character.

(2) The Magistrate shall prepare a list of such of the witnesses named by the accused under subsection (1) as have not already given evidence before him and shall direct the Fiscal to issue a notice on each such witness requiring him to appear before the court of trial on the date specified in the notice:

Provided, however, that the Magistrate may exclude from such list the name of any witness if he is of opinion that there are no reasonable grounds for believing that the evidence of such witness is material.

(3) Where any witness on whom a notice under subsection (2) has been served fails to appear in the court of trial as directed by such notice, that notice shall, for the purpose of the application of sections 62 and 63, be deemed to be a summons which the court of trial is empowered to issue and the provisions of those sections shall apply accordingly.

(4) Service of any notice under this section shall be effected in the manner provided for the service of summons in sections 45 and 46 and the provisions of section 49 shall apply accordingly for the purpose of proving such service:

Provided that if service cannot be effected in such manner by the exercise of due diligence, the notice shall be affixed to some conspicuous part of the house or homestead in which the witness ordinarily resides, and in such case the notice shall be deemed to have been duly served.

(1) When the Magistrate commits the accused for trial he shall require every material witness for the prosecution or defence who has appeared before him and given evidence and who has not already been bound over to execute a bond with or without sureties for his appearance to give evidence at the trial and, if required, at any further examination concerning the charge against the accused which may be held by the direction of the Attorney-General; and for the like purpose it shall be lawful for any Magistrate who examines any witness on commission under the provisions hereinafter contained to require such witness so examined to execute a bond with or without sureties as such Magistrate may determine.

(2) The Magistrate may at any stage of the inquiry require any witness to execute such bond as in the last subsection mentioned for appearance at any further stage of the proceedings either in that court or in the higher court, in case the accused be committed for trial. It shall not be necessary to specify such higher court in the bond, but the obligor shall be bound on receiving reasonable notice to attend at the trial in whatever court the accused may be tried.

(3) If a witness refuses or neglects to execute such bond the Magistrate may commit him to prison until such bond is duly executed or until the trial, when he shall be sent in custody to the court of trial.

(4) The Magistrate shall endorse on the warrant of committal the names of all persons who have been bound over under this section or who having refused to be bound over have been committed to prison.

(5) Every person who executes such bond shall give to the Magistrate an address at which all notices respecting the further proceedings in the case may be left for him, and any notice left at such address for him shall (until the contrary be proved) be deemed to have been received by him.

(1) When the Magistrate commits the accused for trial he shall, subject to the provisions of this Code regarding the taking of bail, by warrant addressed to the Fiscal of a province and to the superintendent of any prison in that province, commit the accused to the custody of the said Fiscal until and during the trial, and shall forthwith transmit the record of the inquiry together with all documents produced in evidence to the court of trial, and shall also forward to the Attorney-General a copy of the record of the inquiry certified under his hand. All productions other than documentary evidence shall be forwarded to the Fiscal to be produced by him at the trial.

(2) The provisions of section 289a shall apply to every warrant issued under this section.

(1) If after the receipt by him of the certified copy of the record of an inquiry, the Attorney-General is of opinion that the case is one which should be tried upon indictment before the Supreme Court or a District Court, an indictment shall be drawn up and when signed in accordance with the provisions of section 186 (1) shall be forwarded to the court of trial selected by the Attorney-General to be filed in that court. The fact that the indictment has been so signed, forwarded, and filed shall be equivalent to a statement that all conditions required by law to constitute the offence charged and to give such court jurisdiction have been fulfilled in the particular case.

(2) Where the Attorney-General in any case forwards an indictment to a court other than the court to which the accused has been committed by the Magistrate, the Registrar or the Secretary, as the case may be, of the court to which the record was forwarded by the Magistrate under section 165e, shall, at the request of the Attorney-General, transmit such record to the court selected by the Attorney-General under subsection (1) for the trial of the accused.

(3) When the Attorney-General forwards an indictment to the court of trial he shall at the same time forward to the Fiscal of the province in which is situate the court of the committing Magistrate a copy or copies of the indictment for service on the accused or each of the accused who will be tried upon that indictment. The Fiscal shall forthwith and at least fourteen days before the day specified for trial serve or cause to be served on the accused the copy or copies of the indictment so forwarded to him by the Attorney-General and shall make return of such service to the court of trial and to the Attorney-General or to any officer appointed by the Attorney-General to represent him.

(4) The Fiscal shall together with the indictment, or as soon as possible after the service thereof, serve or cause to be served on each accused a notice specifying the date fixed for the trial of that accused before the Supreme Court or the District Court, as the case may be.

(5) Service on an accused of any indictment or notice of trial under this section shall be effected in the manner prescribed for the service of summons in sections 45 and 46 and the provisions of section 49 shall apply accordingly for the purpose of proving such service:

Provided that if service cannot be effected in such manner by the exercise of due diligence, the indictment or notice shall be affixed to some conspicuous part of the house or homestead in which the accused ordinarily resides, and in such case the indictment or notice shall be deemed to have been duly served.

(1) If the offence being inquired into is within the jurisdiction of a District Court and the Magistrate thinks it expedient so to do having regard to the character and antecedents of the accused, the nature of the offence, and all the circumstances of the case, he may if the accused when informed of his right to be tried by a District Court consents to be tried by the Magistrate try the case accordingly, and the provisions of Chapter XVIII shall apply to such trial.

(2) A Magistrate trying an accused under this section shall have power to award such accused, if found guilty of the offence charged, both or either of the punishments following, (that is to say) imprisonment of either description for a term not exceeding twelve months and fine not exceeding two hundred rupees, or if the accused be under sixteen years of age may order him to be whipped either without or in addition to one of the said punishments.

(3) For the purpose of proceeding under this section the Magistrate, when during the hearing of the case he becomes satisfied by the evidence that it is expedient to deal with the case under this section, shall frame a charge and read and explain the same to the accused and say to him, ” Do you desire to be tried by a District Court or do you consent to be tried by me ? ” with a statement for the information of the accused, where he is not represented by a pleader, of the difference between trial by a District Court and trial by a Magistrate’s Court.

(1) Every charge under this Code shall state the offence with which the accused is charged.

(2) If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.

(3) If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as will give the accused notice of the matter with which he is charged.

(4) The law and section of the law under which the offence said to have been committed is punishable shall be mentioned in the charge.

(5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.

(6) The charge shall when it is preferred, whether at the inquiry preliminary to committal for trial or at the trial, be read to the accused in a language which he understands.

(1) The charge shall contain such particulars as to the time and place of the alleged offence and as to the person (if any) against whom and as to the thing (if any) in respect of which it was committed as are reasonably sufficient to give the accused notice of the matter with which he is charged and to show that the offence is not prescribed.

(2) When the accused is charged with criminal breach of trust or dishonest misappropriation of movable property, it shall be sufficient to specify the gross sum or, as the case may be, the gross quantity in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 179:

Provided that the time included between the first and last of such dates shall not exceed one year.

(1) Any court may alter any indictment or charge at any time before judgment is pronounced or, a the case of trials before the Supreme Court or a District Court with assessors, before the verdict of the jury is returned or the opinions of the assessors are expressed,

(2) Every such alteration shall be read and explained to the accused.

(3) The substitution of one charge for another in an indictment or the addition of a new charge to an indictment and in a Magistrate’s Court the substitution of one charge for another shall be deemed to be an alteration of such indictment or charge within the meaning of this section.

(1) If the Supreme Court in the exercise of its powers of appeal or revision is of opinion that any person convicted of an offence was misled in his defence by an error in the indictment or charge, it shall direct a new trial to be had upon a charge or indictment framed in whatever manner it thinks fit.

(2) If such Court is of opinion that the facts of the case are such that no valid charge can be preferred against the accused in respect of the facts proved, it shall quash the conviction.

(1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences he may be charged with and tried at one trial for any number of them not exceeding three, and in trials before the Supreme Court or a District Court such charges may be included in one and the same indictment.

(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Penal Code or of any special or local law.

(1) If in one series of acts so connected together as to form the same transaction more offences than one are committed by the same person he may be charged with and tried at one trial for every such offence, and in trials before the Supreme Court or a District Court such charges may be included in one and the same indictment.

(2) If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished the person accused of them may be charged with and tried at one trial for each of such offences, and in trials before the Supreme Court or a District Court such charges may be included in one and the same indictment.

(3) If several acts, of which one or more than one would by itself or themselves constitute an offence, institute when combined a different offence the person accused of them may be charged with and tried at one trial for the offence constituted by such acts when combined and for any offence constituted by any one or more of such acts, and in trials before the Supreme Court or a District Court such charges may be included in one and the same indictment.

(4) Nothing contained in this section shall affect section 67 of the Penal Code.

(a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable in whose custody B was. A may be charged with and tried for offences under sections 220 and 324 of the Penal Code.

(b) A has in his possession several seals knowing them to be counterfeit and intending to use them for the purpose of committing several forgeries punishable under section 455 of the Penal Code. A may be_ separately charged with and convicted of the possession of each seal under section 461 of the Penal Code.

(c) A with intent to cause injury to B institutes a criminal proceeding against him knowing that there is no just or lawful ground for such proceeding, and also falsely accuses B of having committed an offence knowing that there is no just or lawful ground for such accusation. A may be separately charged with and convicted of two offences under section 208 of the Penal Code.

(d) A with intent to cause injury to B falsely accuses him of having committed an offence knowing that there is no just or lawful ground for such accusation. On the trial A gives false evidence against B intending thereby to cause B to be convicted of a capital offence. A may be separately charged with and convicted of offences under sections 208 and 191 of the Penal Code.

(e) A with six others commits the offences of rioting, grievous hurt, and assaulting a public servant endeavouring in the discharge of his duty as such to suppress the riot. A may be separately charged with and convicted of offences under sections 144, 316, and 149 of the Penal Code.

(f) A threatens B, C, and D at the same time with injury o their persons with intent to cause alarm to them. A may be separately charged with and convicted of each of the three offences under section 486 of the Penal Code.

(g) A wrongfully strikes B with a cane. A may be separately charged with and convicted of offences under sections 343 and 314 of the Penal Code.

(h) Several stolen sacks of corn are made over to A and B, who know they are stolen property, for the purpose of concealing them. A and B thereupon voluntarily assist each other to conceal the sacks at the bottom of a grain-pit. A and B may be separately charged with and convicted of offences under sections 394 and 396 of the Penal Code.

(i) A exposes her child with the knowledge that she is thereby likely to cause its death. The child dies in consequence of such exposure. A may be separately charged with and convicted of offences under sections 308 and 297 of the Penal Code,

(j) A dishonestly uses a forged document as genuine evidence in order to convict B, a public servant, of an offence under section 163 of the Penal Code. A may be separately charged with and convicted of offences under sections 459 (read with 455) and 193 of the same Code.

(k) A commits robbery on B and in doing so voluntarily causes hurt to him. A may be separately charged with and convicted of offences under sections 314, 380, and 382 of the Penal Code.

(1) When a person is charged with an offence consisting of several particulars a combination of some only of which constitutes a complete minor offence and such combination is proved but the remaining particulars are not proved he may be convicted of the minor offence though he was not charged with it.

(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence he may be convicted of the minor offence although he was not charged with it.

(3) Nothing in this section shall be deemed to authorize a conviction for any offence referred to in section 147 when no complaint has been made as required by that section.

(1) When more charges than one are made against the same person and when a conviction has been had on one or more of them the officer conducting the prosecution may with the consent of the court withdraw the remaining charge or charges or the court of its own accord may stay the inquiry into or trial of such charge or charges.

(2) Such withdrawal shall have the effect of an acquittal on such charge or charges unless the conviction be set aside, in which case the said court (subject to the order of the court setting aside the conviction) may proceed with the inquiry into or trial of the charge or charges so withdrawn.

(1) All indictments upon which persons are tried before the Supreme Court or a District Court shall be brought in the name of the Attorney-General and be accordance with the prescribed form and shall be signed by the Attorney-General or the Solicitor-General or a Crown Counsel or by some advocate generally or specially authorized by the Attorney-General in that behalf, and in the latter case the words ” By authority of Her Majesty’s Attorney-General ” shall be prefixed to the signature.

(2) Every indictment shall contain a list of the witnesses which the prosecution intends to call at the trial and another list of all documents and things intended to be produced at the trial, which documents and things are herein called ” productions “.

(3) The proceedings shall not abate or determine by- reason of the death or removal from office of the Attorney-General.

(1) Where the accused is brought before the court otherwise than on a summons or warrant the Magistrate shall after the examination directed by section 151 (2), if he is of opinion that there is sufficient ground for proceeding against the accused, frame a charge against the accused.

(2) In cases where the accused appears on summons or warrant it shall not be necessary to frame a charge but the statement of the particulars of the offence contained in the summons or warrant shall be deemed to be the charge and the provisions of this Code as to the amendment and alteration of charges shall apply to the same accordingly.

(3) The Magistrate shall read such charge or statement, as the case may be, to the accused and ask him if he has any cause to show why he should not be convicted:

Provided that in all cases in which a prosecution commenced on a written report under section 148 (1) (b), and such report amended if necessary by the Magistrate, discloses an offence punishable with not more than three months’ imprisonment or a fine of fifty rupees, it shall be lawful for the Magistrate to read such report, amended if necessary, as a charge to the accused and ask him if he has any cause to show why he should not be convicted.

(1) If the accused upon being asked if he has any cause to show why he should not be convicted makes a statement which amounts to an unqualified admission that he is guilty of the offence of which he is accused, his statement shall be recorded as nearly as possible in the words used by him; and the Magistrate shall record a verdict of guilty and pass sentence upon him according to law and shall record such sentence.

(2) If the accused does not make such statement the Magistrate shall ask him if he is ready for trial and-

But nothing herein contained shall prevent the Magistrate from taking in manner hereinafter provided the evidence for the prosecution and of such of the witnesses for the defence as may be present, and then, subject to the provisions of subsection (5) of section 289, for reasons to be recorded by him in writing adjourning the trial for a day to be fixed by him.

(1) When the Magistrate proceeds to try the accused he shall take in manner hereinafter provided all such evidence as may be produced for the prosecution or defence respectively.

(2) The accused shall be permitted to cross-examine all witnesses called for the prosecution and called or recalled by the Magistrate.

(3) The complainant and accused or their pleaders shall be entitled to open their respective cases, but the complainant or his pleader shall not be entitled to make any observations in reply upon the evidence given by or on behalf of the accused.

(1) If the Magistrate after taking the evidence adduced for the prosecution and the defence is of opinion that the accused is guilty of an offence which cannot be adequately punished by a Magistrate’s Court, he shall not convict the accused but shall commit the accused for trial to the Supreme Court or to the District Court, as to him may seem fit, and shall follow the procedure prescribed in Chapter XVI in regard to the steps to be taken after the commitment of an accused for trial.

(2) The Attorney-General may in such a case exercise any of the powers vested in him by this Code in a case where a Magistrate has committed an accused for trial and forwarded to the Attorney-General a certified copy of the record of an inquiry held under Chapter XVI.

(1) If from the facts admitted or proved it appears that the accused has committed an offence within the jurisdiction of the Magistrate to try other than that specified in the charge, summons, or warrant, the Magistrate may convict the accused of such offence, but before he so convicts he shall frame a charge and shall read and explain it to the accused, and such of the provisions of Chapter XVII as relate to altered charges shall apply to the charge framed under this section.

(2) If from the facts admitted or proved it appears at any stage of the proceedings that the accused has committed an offence not within the jurisdiction of the Magistrate to try, the Magistrate shall not convict but shall stay further proceedings under this Chapter and commence the proceedings afresh under Chapter XVI.

(1) If the case comes before the court on the committal of a Magistrate’s Court the accused shall be arraigned on the indictment served on him as provided by section 165f.

(2) If the case comes before the court from a Magistrate’s Court by virtue of an order of transfer made by the Supreme Court the indictment shall be framed upon the facts disclosed on the examination of the complainant or informant, and the evidence taken in the case and a copy of such indictment shall be served on the accused.

(1) The trial shall commence by the prosecuting counsel stating his case to the court.

(2) The witnesses for the prosecution shall then be examined.

(1) When the case for the prosecution is closed if the District Judge wholly discredits the evidence on the part of the prosecution or is of opinion that such evidence fails to establish the commission of the offence charged against the accused in the indictment or of any other offence of which he might be convicted on such indictment, he shall record a verdict of acquittal if however the District Judge considers that there are grounds for proceeding with the trial he shall call upon the accused for his defence.

(2) If the accused or his pleader announces his intention not to adduce evidence, the prosecuting counsel may address the court a second time in support of his case for the purpose of summing up the evidence against the accused.

(1) When the cases for the prosecution and the defence are concluded the District Judge may sum up the evidence for the prosecution and defence; and in a case tried with the aid of assessors he shall do so and shall require each of the assessors to state his opinion orally and shall record such opinion.

(2) The District Judge shall not be bound to conform to the opinion of the assessors.

(1) When the cases for the prosecution and defence are concluded and the assessors’ opinion, if the trial has been with the aid of assessors, has been recorded the District Judge shall forthwith or within not more than twenty-four hours record a verdict of acquittal or conviction.

(2) If the accused person is convicted the District Judge shall pass sentence on him according to law.

(1) If in the course of a trial with the aid of assessors at any time before the finding any assessor is from any sufficient cause prevented from attending throughout the trial or absents himself and it is not practicable to enforce his attendance, the trial shall proceed with the aid of the other assessor or assessors.

(2) If all the assessors are prevented from attending or absent themselves the proceedings shall be stayed and a new trial shall be held with the aid of fresh assessors.

(3) The provisions of section 239 with regard to trial by jury in the Supreme Court shall apply to trials with the aid of assessors in the District Courts.

(1) All trials before the Supreme Court shall be by jury before a Judge or a Commissioner of Assize, provided always that the Chief Justice may in his discretion order that any trial shall be a trial at Bar and thereupon such trial shall be held at Colombo by jury before three Judges.

(2) In every trial before the Supreme Court the prosecution shall be conducted by the Attorney-General or the Solicitor-General or a Crown Counsel or by some advocate generally or specially authorized by the Attorney-General in that behalf.

(1) At any stage of a trial before the Supreme Court under this Code before the return of the verdict the Attorney-General may, if he thinks fit, inform the court on behalf of Her Majesty that he will not further prosecute the accused upon the indictment or any charge therein, and thereupon all proceedings on such indictment or charge as the case may be against the accused shall be stayed and he shall be discharged of and from the same.

(2) The information under this section may either be oral or in writing under the hand of the Attorney- General.

(3) The prosecuting counsel may with the consent of the presiding Judge at any stage of the trial before the return of the verdict withdraw the indictment or any charge therein and thereupon all proceedings on such indictment or charge as the case may be against the accused shall be stayed and he shall be discharged of and from the same.

(1) If the case comes before the court on the committal of a Magistrate’s Court the accused shall be arraigned on the indictment served upon him as provided by section 165f.

(2) If the case comes before the court by virtue of an order of the Supreme Court of transfer from another court the indictment shall be framed upon the facts disclosed in the complaint or information and the evidence taken in the case and a copy of such indictment shall be served on the accused.

(1) If the accused does not plead or if he pleads not guilty jurors shall be chosen to try the case as hereinafter provided.

(2) If the accused pleads not guilty but states that he is willing to plead guilty to a lesser offence for which he might have been convicted on that indictment and the prosecuting counsel is willing to accept such plea, the Judge may if he thinks that the interests of justice will be satisfied by so doing order such plea of guilty to be recorded and may pass judgment thereon accordingly, and thereupon the accused shall be discharged of the offence laid in the indictment and such discharge shall amount to an acquittal.

(1) The prosecuting counsel or the accused may apply to any Judge of the Supreme Court for an order requiring a special jury to be summoned to try any case; and the Judge shall if he considers such application just and reasonable make an order accordingly.

(2) Such application except when made by the Attorney-General, Solicitor-General, or Crown Counsel shall be supported by affidavit.

(1) The jury shall consist of seven persons.

(2) The verdict returned shall be unanimous or by a majority of not less than five to two.

(1) The jury shall be taken from the panel elected by the accused unless the court otherwise directs.

(2) The jury shall be chosen by lot from the panel.

(3) As each juror is chosen his name shall be called and upon his appearance the accused shall be asked by the Registrar if he objects to be tried by such juror.

(4) Objections without grounds stated shall be allowed to the number of two on behalf of the person or all the persons charged.

(5) On the suggestion of the prosecuting counsel without grounds of objection stated any number of jurors called may be ordered by the Judge to stand by until the names of all the jurors summoned and then available for service on the jury have been gone through.

(6) If such names have been gone through without a jury having been made up the names of each of those so ordered to stand by shall be called again and the prosecuting counsel shall be called upon to state the grounds of objection (if any) under the next following section.

(7) If there shall not be a sufficient number of jurors present unchallenged the jury may be made up from such of the bystanders as are not by law disqualified from serving as jurors. Any such bystander shall if called upon be legally bound to serve as a juror.

(a) some presumed or actual partiality in the juror;