ADMISSIONS ON CRIMINAL CASES.

Duncan Abeynayaka – LLB, Attorney At Law

 

CODE OF CRIMINAL PROCEDURE ACT

419.

(1)     At the conclusion of non-summary proceedings under Chapter XV, it shall be the duty of the Magistrate to inquire from the accused person whether he agrees to make any admission of the facts in issue or facts relevant to the facts in issue including the identity of any person, matter or thing, the fact feat that an identification parade was held and that a particular witness identified a particular person at that parade, the fact that a particular matter or thing was sealed in the presence of a particular person and forwarded to the Government Analyst for examination and analysis, the fact that a particular matter or thing sent to the Government Analyst for analysis and examination was returned by him to Court, after such examination and analysis the fact that a particular survey or sketch was made by a particular person, and if the accused person through his attorney-at-law, agrees to make any such admission, the Magistrate shall prepare a memorandum of the matters agreed and such memorandum shall be read over and explained to the accused in a language he understands. If the accused agrees that such memorandum is an accurate record of the admissions, he shall sign the memorandum and such memorandum shall be filed of record. The High Court shall when passing sentence on the accused person, have regard to the fact that he has made and admission under this section.

(2)       At the trial before the High Court the matters admitted in the agreement shall be deemed to have been duly proved.

(3)       The provisions of this section shall not apply unless the accused was represented by an attorney-at-law at the time the admissions were made.

 

420.

(1)      At the commencement of every summary Prosecution or trial on indictment, it shall be the duty of court to inquire from the accused person whether he agrees to make any admissions of the facts in issue or facts relevant to the facts in issue including the identity of any person, matter or thing, the fact that an identification parade was held and that a particular witness identified a particular person at that parade, the fact that a particular matter or tiling was sealed in the presence of a particular person and forwarded to the Government Analyst for examination and analysis, the fact that a particular matter or thing sent to the Government Analyst for analysis and examination was returned by him to court, after such examination and analysis, the fact that a particular survey or sketch was made by a particular person, and if the accused person through his attorney-at-law, agrees to make any such admission, court shall, record such admission. The court shall, when passing sentence on the accused person have regard to the fact that he has made an admission under this section.

(2)      It shall not be necessary in any summary prosecution or trial on indictment for either party to lead proof of any fact which is admitted by the opposite party or to prove any documents the authenticity and terms of which are not in dispute and copies of any documents may by agreement of the parties be accepted as equivalent to the originals.

Such admissions may be made before or during the trial.

Such admissions shall be sufficient proof of the fact or facts admitted without other evidence;

Provided however that this section shall not apply unless the accused person was "represented by an attorney-at-law at the time the admission was made;

Provided further that where such admissions have been made before the trial, they shall be in writing, signed by the accused and attested as to their accuracy and the identity and signature of the accused by an attorney-at law.

 

DECIDED JUDGEMENTS

01. PERERA V. ATTORNEY-GENERAL (1998) 1 SRI L.R 378

At what point of time can an admission be recorded under section 420 of the Code of Criminal Procedure Act, No. 15 of 1979. The purpose of recording an admission is to dispense with the burden of proving that fact at the trial. Therefore we are of the view that an admission could be recorded at any stage of the trial before the prosecution close the case.

 

02. VICTOR IVAN V. THE ATTORNEY-GENERAL [1994) 2 SRI L.R 411

Under Section 420 of the Code of Criminal Procedure Act when an admission is made by an accused person he must be represented by an attorney-at-law. When the accused made the so called admission he was not represented by an attorney-at-law. In fact there was no allegation that Indradasa Hettiarachchi had utilized the money for his personal use and it is difficult to conclude that the accused when he stated this made an admission. Even if it was an admission no prejudice had been caused. Further, on the direction of the Court the evidence relating to this fact had been properly led by the prosecution through a witness, when the accused was defended by Counsel. This is a procedural error curable under section 436 of the Code of Criminal Procedure Act.

 

03. W.H.THULYANANDA SENANANDA VS MIRIHANA OIC C.A. (P.H.C) APN 28/2014

A Magistrate has the power to record an admission, and to receive an affidavit under the proviso to section 420 only after the framing of the charges. The affidavit has not been tendered in this instance before the trial nor has it been forwarded in the course of the trial. As such, if the purported admission is to be given effect to, it must satisfy the requirement set out in the Proviso to Section 420. 

Further, it must be noted that an admission under Section 420 is referable only to an accused and not to a suspect. Section 420 mandates that the affidavit should be certified as to the identity and signature of the accused but not the suspect and it must be certified by an attorney-at-law. Quite interestingly, the petitioner was not an accused but only a suspect when he had been directed to file the affidavit, as no charge sheet had been filed at that time.

Taking into consideration, the legal position discussed above, it is quite clear that there had been no admission made in this case by the petitioner. If the petitioner is desirous of making an admission, he can still do so, provided it is made at the right stage, namely before the commencement of the trial or in the course of the trial.

In terms of Section 420 of the Code of Criminal Procedure, admissions are limited to facts in issue and relevant facts. However, the Section specifically allows admissions to be made as to the identity of any person, matter or thing, the fact that an identification parade was held and that a particular witness identified a particular person at that parade, the fact that a particular matter or tiling was sealed in the presence of a particular person and forwarded to the Government Analyst for examination and analysis, the fact that a particular matter or thing sent to the Government Analyst for analysis and it was returned by him to Court, after such examination and analysis, the fact that a particular surveyor sketch was made by a particular person.

Can the Magistrate, direct to a suspect to tender an affidavit, incorporating certain purported admissions made before him orally? My considered view is that the Magistrate is not empowered to do so for three reasons. Primarily, in such an event, the making of the admission is devoid of the elementary characteristic of it being voluntary. Secondly, the Law does not empower the Magistrate to order a suspect to tender an affidavit. Thirdly, an examination of Section 420 of the Code of Criminal Procedure reveals that an affidavit has to be affirmed by an accused and not by a suspect.