Code of Criminal Procedure (Amendment) Act 2025 · As enacted
2. Insertion of new sections 144A and 144B in Act…
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
The following new sections are hereby inserted immediately after section 144 of the Code of Criminal
Procedure Act, No.15 of 1979 (hereinafter referred to as the “principal enactment”) and shall have effect as sections 144A and 144B of that enactment: -
144A. (1) The Magistrate may, having regard to the provisions of subsection (4) of this section and section 144B, dispense with the personal attendance in court of a suspect or an accused in respect of whom criminal proceedings have been commenced before such Magistrate, for –
extending the period of detention;
hearing an application for bail;
hearing an application for assisting the conduct of any investigation, any criminal trial, any inquiry or any other proceeding; or
any other purpose.
The personal attendance of the suspect or accused may be so dispensed with, on an application made by the relevant person, as
“Personal attendance of the suspect or accused may be dispensed with, under special circumstances
[Certifi ed on 18th of June, 2025]
specifi ed in subsection (3), if the Magistrate is satisfi ed that the personal attendance of such suspect or accused in court may be dispensed with, on any one or more of the grounds specifi ed in subsection (4).
An application under subsection (2), in respect of a suspect or accused, shall be made by –
the Attorney-General;
the suspect or accused himself, or his
Attorney-at-Law, as the case may be;
the offi cer-in-charge of the relevant police station;
the Superintendent of the prison wherein the suspect or accused is detained; or
the offi cer-in-charge of the place of detention wherein the suspect or accused is detained.
The Magistrate may dispense with the personal attendance of the suspect or accused under subsection (1), on the following grounds: -
where there is a threat or an apprehension of serious harm to, the life of the suspect or accused;
where public reaction to the offence alleged to have been committed by the suspect or accused is likely to give rise to a breach of the peace;
where there is a likelihood of the suspect or accused escaping from detention or being involuntarily removed from detention;
where there is a likelihood of the suspect or accused obstructing the proceedings of court;
where the suspect or accused has been subjected to a state of quarantine under any written law in order to prevent the spread of an infectious or contagious disease dangerous to life;
where the personal attendance of a suspect or an accused who has been admitted to compulsory rehabilitation in terms of the provisions of any written law causes interruption to the rehabilitation process of such suspect or accused and the purpose of the attendance of the suspect or accused is to extend the period of detention; or
where the personal attendance of the suspect or accused is likely to pose a threat to the public safety and health due to a pandemic or other similar situation prevailing for the time being:
Provided however, where the Magistrate is of the opinion that a ground specifi ed in this subsection has ceased to exist, he may direct the personal attendance of the suspect or accused in court and enforce his attendance in the manner hereinbefore provided.
Where a Magistrate dispenses with the personal attendance of a suspect or an accused in court under subsection (1), the reasons for the same shall be recorded in writing and such suspect or accused shall-
have the right to be represented in court by an Attorney-at-Law; and
be permitted to make his representation and to observe the proceedings instituted by, on behalf of or relating to such suspect or accused through contemporaneous audio-visual linkage.
(a) The Registrar of the Magistrate’s
Court shall make necessary arrangements in the Court to facilitate the suspect or accused to make his representation and to observe the proceedings in accordance with the provisions of subsection (5).
The offi cer-in-charge of the place of detention wherein such suspect or accused is detained or the Superintendent of the prison wherein such person is detained shall in consultation with the Registrar of the Magistrate’s Court provide necessary facilities to such suspect or accused being detained, to make his representation through contemporaneous audio-visual linkage and to observe the proceedings of the court as referred to in paragraph (a).
Where the place of detention of such suspect or accused or the prison is within the judicial division of the Magistrate who dispensed with the personal attendance of such suspect or accused in court, such
Magistrate shall visit such place of detention or the prison not later than forty-eight hours of calling the case, and shall look into the well-being of the suspect or accused so detained.
Where the place of detention of the suspect or accused or the prison is situated outside the judicial division of the Magistrate who dispensed with the personal attendance of such suspect or accused in court, it shall be the duty of such Magistrate to forthwith communicate, in the prescribed Form, with the Magistrate having jurisdiction over the relevant judicial division and request him to visit the place of detention of the suspect or accused or the prison for the purpose referred to in subsection (7).
Where the Magistrate within whose judicial division the place of detention of the suspect or accused or the prison is situated, is unable to visit the place of detention or the prison, it shall be the duty of such Magistrate to forthwith communicate, in the prescribed
Form, with any other Magistrate and request him to visit the place of detention of the suspect or accused or the prison for the purpose referred to in subsection (7).
Any Magistrate who has been communicated with under subsection (8) or (9)
shall visit the place of detention of the suspect or accused or the prison not later than forty-eight hours of the receipt of the Form calling on him to visit such place, and report back in writing within one week of such visit to the
Magistrate who dispensed with the personal attendance of the suspect or accused, of such visit in the Form prescribed in that behalf.
It shall be the duty of the offi cer-in-charge of the place of detention or the
Superintendent of the prison to produce any such suspect or accused so detained, before the
Magistrate who visits the place of detention or the prison in terms of the provisions of subsection (7), (8) or (9) and to provide such
Magistrate with the facilities required by him.
Where a Magistrate visits the place of detention or the prison to look into the well-being of a suspect or accused in terms of the provisions of subsection (7), (8) or (9), an
Attorney-at-Law who represents such suspect or accused shall be permitted to be present at the time of such visit.
144B.
not be dispensed with
The Magistrate shall not dispense with the personal attendance in court of a suspect or an accused under section 144A-
where the suspect or accused is produced before the Magistrate for the fi rst time from the custody of a police offi cer, a custom offi cer, an excise offi cer or a forest offi cer or from the place of detention and where such physical appearance is mandatory in terms of the provisions of the applicable written law;
where the suspect or accused is produced before the Magistrate for extending the period of detention, has made a complaint that he was subjected to assault, torture or any other act or omission amounting to a violation of human rights or was threatened with assault, torture or any
Circumstances under which the personal attendance of a suspect or accused shall other act or ommission amounting to a violation of human rights while detained in a place of detention or the prison;
where such suspect or accused is a person of unsound mind;
where the Magistrate is of the opinion, or is satisfi ed based on an application made to that effect that the personal attendance of the suspect or accused in court is desirable in the circumstance of the case or in the interest of justice;
where the accused does not consent himself being represented by an
Attorney-at-Law for receiving the charge sheet or the verdict on behalf of the accused:
Provided that, if the accused consents himself being represented by an Attorney-at-Law for receiving the charge sheet or the verdict it shall be the duty of the Magistrate to make an order to serve a copy thereof on the accused through the offi cer-in-charge of the place of detention or the Supirintendent of the Prison and to keep such fact in record upon confi rming that the copy has been served on the accused.
Subject to the provisions of section 192, the Magistrate shall not dispense with the personal attendance in court of an accused, unless the accused has given the consent to an
Attorney-at-Law to represent him at the trial and such Attorney-at-Law and the accused have been given suffi cient facilities for private communication at the court and at the place of detention or the Prison.
Subject to the provisions of section 192, the Magistrate shall not dispense with the personal attendance in court of an accused, after the commencement of the trial without the express consent of the accused or his Attorney-at-Law.”.