LAW & LAWYER

  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 t...

SEARCH OF PLACES BY POLICE OFFICERS OR INQUIRER. Duncan Abeynayaka – LLB, Attorney At Law   CODE OF CRIMINAL PROCEDURE ACT 112. (1) Whenever any officer in charge of a police station or an inquirer making an investigation in a cognizable case officer 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 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 grama seva niladhar...

  LEGAL PROVISIONS AND DECIDED CASES ON RETROSPECTIVITY OF LAWS Duncan Abeynayaka – LLB, Attorney At Law   THE CONSTITUTION ARTICLE 13 (6) No person shall be held guilty of an offence on account of any act or omission which did not, at the time of such act or omission, constitute such an offence and no penalty shall be imposed for any offence more severe than the penalty in force at the time such offence was committed.   INTERPRETATION ORDINANCE - PRESUMPTION OF NON RETROSPECTIVITY 6(3)       Whenever any written law repeals either in whole or part a former written law, such repeal shall not, in the absence of any express provision to that effect, affect or be deemed to have affected- (a) the past operation of or anything duly done or suffered under the repealed written law ; (b) any offence committed, any right, liberty, or penalty acquired or incurred under the repealed written law ; (c) any action, proceeding, or thing p...

EXAMINATION OF WITNESSES BY POLICE OFFICER OR INQUIRER & RECORDING OF THEIR STATEMENT. Duncan Abeynayaka – LLB, Attorney At Law   CODE OF CRIMINAL PROCEDURE ACT 110. (1) Any police officer or inquirer making an investigation 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 any oath or affirmation shall not be administered to any such person. The whole of such statement shall be recorded in full in the manner set out in section 109 (2). If the police officer or inquirer asks any question in clarification such question and the answer given thereto shall be recorded in form of question and answer. Such record shall be shown or read to such person or if he does not understand the language in which it is written, it shall be interpreted to him in a language he understands and he shall be at liberty to explain or add to his...

LEGAL PROVISIONS AND DECIDED JUDGEMENTS ON CRIMINAL BREACH OF TRUST Duncan Abeynayaka – LLB, Attorney At Law.   PENAL CODE PROVISIONS 388. Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits " criminal breach of trust". 389. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 390. Whoever, being entrusted with property as a carrier, wharfinger, or warehouse-keeper, commits criminal breach of trust in respect of such property, shall be puni...

EXCEPTIONAL CIRCUMSTANCES TO GRANT BAIL. Duncan Abeynayaka – LLB, Attorney At Law DECIDED JUDGEMENTS 01. ATTORNEY GENERAL VS EDIRIWEERA [2006] BLR PAGE 12 "In any event delay in listing of cases is not an exceptional circumstance as it is common to all cases." It is now settled law that an application for bail pending appeal can be allowed only upon establishment of exceptional circumstances. "Delay is always a relative term and the question to be considered is not whether there was mere explicable delay as when there is a backlog of cases, but whether there has been excessive or oppressive delay and this always depends on the facts and circumstances of the case"   02. RANIL CHARUK KUJATHUNGA V. AG CA (PHC) APN 134/2015 "The petitioner submits several grounds to consider bail. The Petitioner states that he is a married person with two school going children. The persons getting married and having children is not an exceptional ground. It is th...

CONSTITUTIONAL ARTICLES & DECIDED JUDGEMENTS ON FREEDOM FROM ARBITRARY ARREST. Duncan Abeynayaka – LLB, Attorney At Law   SRI LANKA'S CONSTITUTION OF 1978 Article 13 (1) Freedom from arbitrary arrest, detention and punishment, and prohibition of retrospective penal legislation 1. No person shall be arrested except according to procedure established by law. Any person arrested shall be informed of the reason for his arrest. 2. Every person held in custody, detained or otherwise deprived of personal liberty shall be brought before the judge of the nearest competent court according to procedure established by law and shall not be further held in custody, detained or deprived of personal liberty except upon and in terms of the order of such judge made in accordance with procedure established by law. UNIVERSAL DECLARATIONS OF HUMAN RIGHTS Article 09 No one shall be subjected to arbitrary arrest, detention or exile.   INTERNATIONAL COVENANT ON CIVIL AND POL...