Assistance to and Protection of Victims of Crime and Witnesses Act 2023 · As enacted · Part X · Testimony Through Contemporaneous Audio-Visual Linkage
82. Contemporaneous audio-visual linkage
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Notwithstanding anything to the contrary in any other written law, any victim of crime, witness or law enforcement authority who wishes to-
give evidence;
obtain evidence; or
make a statement, as the case may be, in relation to any investigation, inquiry or proceedings conducted by any court or Commission, may make an application to such court or Commission to give or obtain such evidence or make such statement through contemporaneous audio-visual linkage from a remote location within or outside Sri Lanka.
Upon receipt of an application under subsection (1), the court or Commission may, in the best interests of justice and as a measure of protection to be afforded to a victim of crime or witness, and subject to the provisions of sections 84 and 85, permit such victim of crime, witness or law enforcement authority to give or obtain such evidence or make such statement, as the case may be, by using contemporaneous audio-visual linkage between such court or Commission and a specified remote location within or outside Sri Lanka (in this Act referred to as a “remote location”) as deemed appropriate.
Where an application is made under subsection (1), it shall be competent for the court or Commission to hold or authorise the holding of an identification parade under section 124 of the Code of Criminal Procedure Act through contemporaneous audio-visual linkage from a remote location.
The court or Commission may, on its own motion based on the attendant circumstances, obtain and record any evidence or statement of any victim of crime or witness through contemporaneous audio-visual linkage between the court or Commission and such remote location as may be determined by such court or Commission, subject to the provisions of sections 84 and 85.
Where the court or Commission grants permission to give or obtain any evidence or make any statement, or decides to obtain and record any evidence or statement under subsection (2) or (3), as the case may be, the Authority shall, at the request of such court or Commission, to the greatest extent possible, ensure provision of financial and other resources that may be necessary to establish and maintain an effective linkage, subject to the availability of its resources.