RELEASE OF ACCUSED IF EVIDENCE DEFICIENT.

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RELEASE OF ACCUSED IF EVIDENCE DEFICIENT.

Duncan Abeynayaka – LLB, Attorney At Law

 

CODE OF CRIMINAL PROCEDURE ACT

114. If upon an investigation under this Chapter it appears to the officer in charge of the police station or the inquire that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate's Court, such officer or inquirer shall if such person is in custody release him on his executing a bond with or without sureties as such officer or inquirer may direct to appear if and when so required before a Magistrate's Court having jurisdiction to try or inquire into the offence.

109. 5 (b) If it appears to an officer in charge of a police station or an inquirer that there is no sufficient ground for entering on an investigation he shall not be bound to investigate the case.

 

ATTORNEY-GENERAL V. PUNCHI BANDA AND OTHERS (1986) 1 SRIL.R. 40  

Section 109 deals with the steps to be taken by an officer-in-charge of a police station, when he receives information relating to the commission of an offence. In particular, section 109 (5) (b) provides that, if it appears to the police officer that there is no sufficient ground for entering on an investigation, he shall not be bound to investigate the case. It is, therefore, clear that in terms of this provision the police officer is not bound to investigate a case if there is no sufficient ground for entering upon an investigation.

The next situation envisaged by the Act is set out in section 114. Section 114 states -

"That if upon an investigation, it appears to the officer-in-charge of a police station that there is no sufficient evidence or reasonable grounds for suspicion to justify the forwarding of the accused to a Magistrate's Court, such officer shall release the suspect, if in custody, on his executing a bond with a direction to appear if and when so required before a Magistrate's Court having jurisdiction to try or inquire into the offence."

This section contemplates a situation where upon investigation the police officer is unable to allege that the suspect has committed an offence.

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