Code of Criminal Procedure (Amendment) Act 2016

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

s 1Short title

This Act may be cited as the Code of Criminal

Procedure (Amendment) Act, No. 18 of 2016.

s 2Amendment of section 431 of Act, No. 15 of 1979

Section 431 of the Code of Criminal Procedure Act,

No. 15 of 1979 (hereinafter referred to as the “principal enactment”) is hereby amended as follows:—

(a)

in subsection (2) of that section, by the substitution for the words “within six months” of the words

“within two months”; and

(b)

in subsection (3) of that section, by the substitution for the words “two thousand five hundred rupees or more.” of the words “one hundred thousand rupees or more.”.

s 3Amendment of section 432 of the principal enactment

Section 432 of the principal enactment is hereby amended by the repeal of the marginal note to that section and the substitution therefor of the following:—

“Procedure where no claimant appears within two months.”.

“Procedure where claimant appears within two months.

s 4Insertion of new section 432A in the principal enactment

The following new section is hereby inserted immediately after section 432 of the principal enactment and shall have effect as section 432A of that enactment:—

432A. (1) Where the person entitled to the possession of such property establishes his claim within two months, the Magistrate shall order the property to be delivered to him on such conditions, as the Magistrate may think fit:

Provided however, where the person entitled to the possession of such property does not consent to take the possession of the same, such property may be sold under the order of the Magistrate.

(2)

The proceeds of such sale shall be deposited in a deposit account opened and operated in that behalf, in a Government owned bank, until the judgement of the case is pronounced.

(3)

The person entitiled to the possession of the property referred to in subsection (1), shall make an application, in the prescribed form and manner to obtain the value of such property and the payment shall be made subject to the recorded verdict of the case.

(4)

Regulations shall be made prescribing the manner of administration and management of the deposit account referrred to in subsection (2).”.

s 5Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.