MANNER OF INVESTIGATION.

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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, any act so rashly or negligently as to endanger human life, (sec. 280)

Causing mischief (sec. 409)  

"Peace officer" includes a police officer, and a Divisional Assistant Government Agent and a Grama Seva Niladhari appointed by a Government Agent in writing to perform police duties;

"Complaint" means the allegation made orally or in writing to a Magistrate with a view to his taking action under this Code that some person, whether known or unknown, has committed an offence;

"Information Book" includes a crime pad or file maintained by the Criminal Investigation Department and any bureau of investigation for the purpose of recording statements;

"Magistrate" means a Magistrate appointed to a Magistrate's Court and includes a Municipal Magistrate, a Magistrate of a Juvenile Court and an acting or additional Magistrate of any such court;

"officer in charge of a police station" includes, if the context so requires, an officer in charge of a branch of a police station and when the officer in charge of a police station or of a branch of a police station is absent therefrom or unable from illness to perform his duties, the police officer present at the police station or at the branch who is next in rank to such officer;

"Police station" means any post declared generally or specially by the Minister in charge of the subject of Defence to be a police station, and includes a mobile police post, the Criminal Investigation Department and any bureau of investigation;


POLICE ORDINANCE

56. Every police officer shall for all purposes in this Ordinance contained be considered to be always on duty, and shall have the powers of a police officer in every part of Sri Lanka, It shall be his duty

(a) to use his best endeavours and ability to prevent all crimes, offences, and public nuisances ;

(b) to preserve the peace ;

(c) to apprehend disorderly and suspicious characters ;

(d) to detect and bring offenders to justice ;

(e) to collect and communicate intelligence affecting the public peace ; and

(f) promptly to obey and execute all orders and warrants lawfully issued and directed to him by any competent authority.

 

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