LAW & LAWYER

LEGAL PROVISIONS AND DECIDED CASES ON APPOINTMENT OF INQUIRERS Duncan Abeynayaka – LLB, Attorney At Law   CRIMINAL PROCEDURE CODE 108. The Minister may appoint any person by name or office to be an inquirer for any area the limits of which shall be specified in such appointment. 370. (1) Every inquirer on receiving information that a person - (a) has committed suicide; or (b) has been killed by an animal or by machinery or by an accident; or (c) has died suddenly or from a cause which is not known, shall immediately proceed to the place where the body of such deceased person is and there shall make an inquiry and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body and such marks, objects, and circumstances as in his opinion may relate to the cause of death and stating in what manner such marks appear to have been inflicted. "Inquirer" means a person appointed...

LEGAL PROVISIONS ON MANNER OF INVESTIGATION Duncan Abeynayaka – LLB, Attorney At Law   CRIMINAL PROCEDURE CODE 05. All offences - (a) under the Penal Code, (b) under any other law unless otherwise specially provided for in that law or any other law, shall be investigated, inquired into, tried and otherwise dealt with according to the provisions of this code.           (b) EX:-         Explosives Ordinance,   Prevention of Terrorism Act,  Offensive Weapons Act 02. "cognizable offence" means an offence for which and "cognizable-case'" means a case in which a peace officer may in accordance with the First Schedule arrest without warrant, EX:-         Murder (sec. 296) "Non-cognizable offence" means an offence for which and "non-cognizable case" means a case in which a peace officer may not arrest without warrant; Whoever does, with any machinery, a...

DECIDED JUDGEMENTS ON BAIL ACT Duncan Abeynayaka – LLB, Attorney At Law   BAIL ACT NO 30 OF 1997 SECTION 02 DACHCHAINI VS THE ATTORNEY-GENERAL (2005) 2 Sri L. R 152 By the enactment of the Bail Act the policy in granting bail has undergone a major change. The rule is the grant of bail. The Rule upholds the values endorsed in human freedom. The exception is the refusal of bail and reasons should be given when refusing bail. ANURUDDHA RATWATTE AND 4 OTHERS VS ATTORNEY GENERAL [2003} 2 SRI L.R 39 That Section 2 of the Act gives the guiding principle in respect of the implementation of the provisions of the Act. It is specifically stated that “the grant of bail shall be regarded as the rule and the refusal to grant bail as the exception.””   WICKRAMASINGHE VS. ATTORNEY GENERAL AND ANOTHER [2010)1 SRIL.R 141 Grant of bail shall be regarded as the rule the refusal to grant bail is the exception.   “The purpose of remanding a suspect/accused is to ensure...

LEGAL PROVISIONS AND DECIDED JUDGEMENTS ON EXPERT WITNESSES. Duncan Abeynayaka – LLB, Attorney At Law.   EVIDENCE ORDINANCE 45.  When the court has to form an opinion as to foreign law, or of science, or art, or as to identity or genuineness of handwriting or finger impressions, palm impressions or foot impressions, the opinions upon that point of persons specially skilled in such foreign law, science, or art, or in questions as to identity or genuineness of handwriting or finger impressions, palm impressions or foot impressions, are relevant facts. Such persons are called experts. 46. Facts bearing upon opinions of experts. 47. Opinion ...

LEGAL PROVISIONS AND DECIDED JUDGEMENTS ON AMENDMENT OF CHARGE SHEET OR INDICTMENT Duncan Abeynayaka – LLB, Attorney At Law.   CRIMINAL PROCEDURE CODE 167. (1) Any court may alter any indictment or charge at any time before judgment is pronounced or, in the case of trials before the High Court by a jury, before the verdict of the jury is resumed. (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 or the addition of a new charge shall be deemed to be an alteration of such indictment or charge within the meaning of this section.   01. RODRIGO V. THE QUEEN 55 NLR 49 The primary responsibility for the accuracy and suitability of an indictment rests with counsel for the prosecution, and not on the court. The court may, however, decide to amend the indictment o...

LEGAL PROVISIONS AND DECIDED JUDGEMENTS ON CRIMINAL MISAPPROPRIATION OF PROPERTY Duncan Abeynayaka – LLB, Attorney At Law.   PENAL CODE PROVISIONS 386. Whoever dishonestly misappropriates or converts to his own use any movable property shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 387. Whoever dishonestly misappropriates or converts to his own use property, knowing that such property was in the possession of a deceased person at the time of that person decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offender at the time of such person's decease was employed by him as a clerk or servent, the imprisonment may extend to seven years. CODE OF CRIMINAL PROCEDURE ACT 165 (2 ) When the accused is ...

DISPOSAL OF PROPERTY SEIZED BY A POLICE OFFICER. Duncan Abeynayaka – LLB, Attorney At Law.   CRIMINAL PROCEDURE CODE 29. Whenever a person - (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, the peace officer making the arrest, or when the arrest is made by a private person the peace officer to whom he hands over the person arrested, may subject to section 30 search such person and place in safe custody all articles other than necessary wearing apparel found upon him, and any of such articles which there is reason to believe were the instruments or the fruits or other evidence of the crime may be determined until his discharge or acquittal. 425.     (1) When ...

LEGAL PROVISIONS AND DECIDED JUDGEMENTS ON CHEATING. Duncan Abeynayaka – LLB, Attorney At Law.   PENAL CODE PROVISIONS 398.     Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall r etain any property , or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to causes damage or harm to that person in body, mind, reputation, or property, or damage or loss to the Government is said to "cheat". Explanation-A dishonest concealment of facts is a deception within the meaning of this section. 21 (4) . A person is said to loss wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property. 22.      Whoever does anything with the...

LEGAL PROVISIONS AND DECIDED JUDGEMENTS ON PLEA OF ALIBI Duncan Abeynayaka – LLB, Attorney At Law.   CRIMINAL PROCEDURE CODE [4, 14 of 2005] 126A. (1) No person shall be entitled during a trial on indictment in the High Court, to adduce evidence in support of the defence of an alibi, unless he has- (a) Stated such fact to the police at the time of his making his statement during the investigation; or (b) Stated such fact at any time during the preliminary inquiry; or (c) Raised such defence, after indictment has been served, with notice to the Attorney-General at any time prior to fourteen days of the date of commencement of the trial: Provided however, the Court may, if it is of opinion that the accused has adduced reasons which are sufficient to show why he delayed to raise the defence of alibi within the period set out above, permit the accused at anytime thereafter but prior to the conclusion of the case for the prosecution, to raise the defence of alibi. (2...