Skip to content
As enacted
Contents

Part I · Part i

48. Procedure after arrest

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

An officer making an arrest without a warrant shall without unnecessary delay and subject to the provisions herein contained as to bail, take steps to produce the person arrested before the nearest Magistrate.

(2)

Any officer shall not detain in custody or otherwise confine a person arrested without a warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate.

(3)

Where a person arrested was produced before a

Magistrate other than the Magistrate who has the jurisdiction in the case, the Magistrate before whom the person was produced shall, subject to section 149 and having considered the circumstances of the investigation, order to produce the person arrested before the Magistrate having jurisdiction in the case forthwith.

(4)

If a person in lawful custody escapes or is rescued, the officer from whose custody he escaped or was rescued may immediately pursue and arrest him in any place, either within or outside the jurisdiction where he was so in custody, and provision of section 47 shall apply to such arrest.

(5)

Where any currency notes, alleged to have been accepted, solicited or offered as an illegal gratification by the person arrested are produced before the Magistrate having jurisdiction in the case together with a report under the hand of the Director-General, stating that such notes were alleged to have been so accepted, solicited or offered, the Magistrate shall issue a certificate under his hand to the effect that the notes of the denominations and numbers set out in the certificate were produced before him and such certificate shall be admissible in any proceedings instituted against the person alleged to have accepted, solicited or offered such notes, in lieu of producing such notes in such proceedings.

Part II

Declaration of Assets and Liabilities

Part III

Part IV

General

Part V

Transitional Provisions and Savings

Schedules