Skip to content
As enacted
Contents

Section 5

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

Insertion of new sections 273A, 273B, 273C, 273D, 273E, 273F, 273G, 273H, 273I, 273J, 273K, 273L, 273M, 273N, 273O, 273P, 273Q, 273R, 273S, 273T and 273U in the principal enactment

The following new sections are hereby inserted immediately after section 273 of the principal enactment and shall have effect as sections 273A, 273B, 273C, 273D, 273E,

273F, 273G, 273H, 273I 273J, 273K, 273L, 273M, 273N, 273O,

273P, 273Q, 273R, 273S, 273T and 273U of that enactment:-

273A.

through contem-poraneous

(1)

Notwithstanding the provisions of sections 272 and 273 and any other written law, the Judge of the High Court or the

Magistrate may-linkage

(a)

upon the application made by the relevant person, as specifi ed in subsection (2); or inquiry

(b)

on his own motion in the interest of justice, and subject to the provisions of subsections (3) and (4), direct that evidence of a witness may be given through contemporaneous audio-visual linkage from a location at a remote point within or outside Sri Lanka.

(2)

An application under subsection (1)

may be made by –

(a)

the Attorney-General;

(b)

the offi cer-in-charge of the relevant police station;

(c)

the National Authority for the

Protection of Victims of Crime and

Witnesses representing a witness or a victim of a crime, within the meaning of the Assistance to and Protection of

Crime and Witnesses Act, No. 10 of 2023;

(d)

the offi cer-in-charge of a place of detention; or

(e)

the accused himself, or his Attorney-at-Law, as the case may be.

“Examination of a witness audio-visual during trial or

(3)

The Judge of the High Court or the

Magistrate shall, before issuing a direction under subsection (1), consider any concerns or objections of the prosecution, the defence or the witness, as the case may be.

(4)

The Judge of the High Court or the

Magistrate shall not issue a direction under subsection (1), unless he satisfi ed that –

(a)

all parties had received the notice of the application made under subsection (1);

(b)

the contemporaneous audio-visual linkage and such other facilities are available or can be reasonably made available enabling the –

(i)

persons at the court point to see and hear all other persons taking part in the proceedings at the remote point where the evidence is given; and

(ii)

persons at the remote point where the evidence is being given can see and hear all other persons taking part in the proceedings in the court point;

(c)

the witness sought to be called through contemporaneous audio-visual linkage can be examined and the evidence can be recorded through contemporaneous audio-visual linkage; and

(d)

such direction is fair to every party to the proceedings or is in the interest of the administration of justice.

273B.

linkage

(1)

Every party to a criminal proceeding making an application to call a witness through contemporaneous audio-visual linkage shall fi le or cause to be fi led in court after notice to the other party, the details in relation to the identifi cation of the witness giving evidence from the remote point, the language to be used for giving evidence, the location of the witness and the remote point from where the evidence to be given by the witness.

(2)

Every witness shall fi le an affi davit, before giving evidence through contemporaneous audio-visual linkage that he is the same person who is going to depose on the screen, with a copy of such affi davit to the other party:

Provided that, where the witness is a child and the Judge of the High Court or the

Magistrate is satisfi ed with the identifi cation of such child witness, he may dispense with such requirement of fi ling an affi davit.

(3)

Where an application is made to call a witness located in Sri Lanka, other than a witness who is employed in a government institution, through contemporaneous audio-visual linkage, the party making the application shall specify the name, address and telephone number or the electronic mail addresses of the person to be appointed as the Commissioner under section 273C unless the court appoints a suitable person as the Commissioner.

(4)

Where an application is made to call a witness located outside Sri Lanka through contemporaneous audio-visual linkage, the party making the application shall fi le in court details of the High Commission, the Embassy or the Consulate, including the address,

Application to call a witness through conte mporaneous audio-visual telephone number and electronic mail address of the High Commission, the Embassy or the

Consulate for the purpose of appointing a diplomatic offi cer as the Commissioner under section 273C.

273C.

and court offi cer for the

(1)

The Judge of the High Court or the Magistrate shall appoint –

(a)

a Commissioner at the remote point

(hereinafter in this Act referred to as the “Commissioner”); and through

(b)

a court offi cer at the court point

(hereinafter in this Act referred to as the “court offi cer”), to co-ordinate the examination of the witness through contemporaneous audio-linkage visual linkage.

(2)

The Registrar or an offi cer of the Court appointed by the Judge of the High Court or the Magistrate under paragraph (b) of subsection (1) shall be the court offi cer.

(3)

Subject to the provisions of subsection (5), where the witness resides or is located in

Sri Lanka, the Judge of the High Court or the

Magistrate may appoint an Attorney-at-Law as the Commissioner at the remote point.

(4)

Where the contemporaneous audio-visual facility is available in any government institution in Sri Lanka, and the witness to be called is an employee of such institution, the head of such institution, any senior executive offi cer or an Attorney-at-Law employed in that institution nominated by the head of such institution shall be the Commissioner at the remote point.

Appointment of

Commissioner examination of a witness contemporaneous audio-visual

(5)

Where the Commissioner is satisfi ed that any witness is unable to attend the remote point due to sickness or infi rmity, the Commissioner appointed at the remote point may, visit the home or any other place where the witness resides, and coordinate the examination of such witness through contemporaneous audio-visual linkage, subject to any further direction of the Judge of the High Court or the Magistrate at the court point.

273D.

Service of

(1)

The Judge of the High Court or the Magistrate directing to call a witness through contemporaneous audio-visual linkage, who is residing in Sri Lanka issue a commission together with the copy of such direction to such Commissioner at the remote point by way of registered post, courier service or electronic means.

(2)

Where the witness to be called through contemporaneous audio-visual linkage is an employee of a government institution, such commission shall be delivered to the head of such institution by way of registered post, courier service or electronic means.

(3)

(a) Where the witness to be called through contemporaneous audio-visual linkage is outside Sri Lanka, the Judge of the High Court or the Magistrate shall issue a commission substantially in such form specifi ed in Form No. 24 of the Second

Schedule to this Code to any diplomatic offi cer of the High Commission, the Embassy or the Consulate of Sri Lanka in such location outside Sri Lanka.

(b)

The commission issued under subsection (a) shall be delivered to the

Secretary to the Ministry of the Minister

Commission assigned the subject of Foreign Affairs in duplicate by way of registered post, courier service or electronic means to be served on such diplomatic offi cer.

273E.

Oath or

Every person appointed as a

Commissioner and every court offi cer shall –

(a)

take and subscribe or make and subscribe an oath or affi rmation substantially in such form specifi ed in

Form No. 25 of the Second Schedule to this Code before a Justice of Peace;

offi cer and

(b)

return immediately to the court, a copy of such oath or affi rmation by electronic mail or any other electronic means as directed by the Judge of the

High Court or the Magistrate and the original with the report specifi ed in section 273P after completing the commission.

273F. (1) Where the Judge of the High

Court or the Magistrate directs to examine a witness through contemporaneous audio-witness visual linkage, he shall, in consultation with the Commissioner, the court offi cer and the parties, fi x a date, time and location for the examination of a witness through contemporaneous audio-visual linkage.

(2)

Any party calling the evidence of a witness through contemporaneous audio-visual linkage shall inform the witness, the date, time and the location fi xed under subsection (1), allowing him a reasonable time for preparation and for travelling to the place at which the attendance, if any, is required.

273G.

Service of Summons

(1)

Upon the application of any party calling the evidence of a witness through affi rmation to be taken by the

Commissioner and the court

Fixing the date, time etc. &

informing the contemporaneous audio-visual linkage in

Sri Lanka, the Judge of the High Court or the Magistrate may direct to serve summons on such witness in the manner provided in

Chapter V or by a courier service or any other electronic means directed by such Judge or the

Magistrate.

(2)

The Summons to any witness giving evidence through contemporaneous audio-visual linkage outside Sri Lanka may also be served by courier service or any electronic means directed by the Judge of the High Court or the Magistrate.

(3)

The Summons issued to a witness whose attendance is required either to give evidence or produce documents through contemporaneous audio-visual linkage shall specify the date, time and venue of the remote point, together with any document if any, and shall comply with the provisions of Chapter V to this Code.

273H.

The Judge

(1)

The Judge of the High Court or the Magistrate on an application made by a party or on his own motion, may, appoint anyone or more of the following persons to assist a witness who is to be examined through contemporaneous audio-visual linkage: -

Magistrate to make necessary and other orders to assist the witness through contempo raneous

(a)

a qualifi ed translator where the witness to be examined is not conversant with the language of the court;

(b)

an interpreter where the witness to be examined is hearing or speech impaired;

linkage

(c)

an expert for reading of documents where the person to be examined is visually impaired; or

(d)

an interpreter or translator, or specially trained educator where the of the High

Court or the appointments audio-visual witness to be examined is suffering temporarily or permanently from a mental or physical disability:

Provided that, the Judge of the High

Court or the Magistrate shall be satisfi ed that such translator, interpreter, expert or educator is qualifi ed to perform his duties as a translator, an interpreter, an expert or an educator.

(2)

The Judge of the High Court or the

Magistrate may allow the other party to appoint an observer at the remote point who shall be an Attorney-at-Law or in case of examination of a witness located outside Sri Lanka, any such person who is authorized to practice as an Attorney-at-Law or a Commissioner for

Oaths at such location.

(3)

If documents including electronic documents are to be used, an appropriate medium for formally sharing and presenting such documents prior to or during the hearing, shall be agreed upon and arranged by the parties, and if parties cannot agree, the Judge of the High Court or the Magistrate may make necessary orders.

273I.

in the

(1)

Unless the Judge of the High

Court or the Magistrate directs otherwise, the proceedings at the court point shall be conducted in public as a live hearing and all persons including the parties or their representatives and their Attorneys-through contemp oraneous at-Law shall be entitled to participate in the examination of a witness through contemporaneous audio-visual linkage at court point.

linkage

(2)

The following persons shall be entitled to participate in the examination of a witness through contemporaneous audio-visual linkage at the remote point: -

Participants examination of a witness audio-visual

(a)

the Commissioner and a technical offi cer where necessary;

(b)

witness whose attendance is required either to give evidence or produce documents through contemporaneous audio-visual linkage;

(c)

translator, interpreter, expert or any other person who is permitted by the Judge of the High Court or the Magistrate at court point at the time of deciding the date and time of the examination of a witness; and

(d)

an observer permitted by the Judge of the

High Court or the Magistrate.

273J.

offi cer

(1)

The court offi cer shall, on the direction of the Judge of the High Court or the

Magistrate ensure in consultation with all parties that the Commissioner has received suffi ciently in advance of the scheduled hearing through contemporaneous audio-visual linkage, the copies certifi ed by the Registrar of the relevant court, of the relevant documents agreed upon by the parties which will be required for the remote examination of the witness.

(2)

The provisions of subsection (1) shall not be considered as a bar or prohibition for producing of documents according to law by using the contemporaneous audio-visual linkage for examination.

(3)

If in the course of examination of a witness at a remote point through contemporaneous audio-visual linkage, it is necessary to produce a document to the witness at the remote point, the

Judge of the High Court or the Magistrate may, subject to the applicable written law and procedure, permit the document to be produced to the witness in the following manner :–

Duties of the commissioner and the court

(a)

if the document is at the court or other point where the court is sitting, a copy of such document shall be transmitted to the Commissioner at the remote point electronically to be produced to the witness by electronic mail or using a document visualizer or any other electronic means;

(b)

if the document is at the remote point where the witness is giving evidence, a copy of such document shall be transmitted to the court point or other place electronically by electronic mail or using a document visualizer or any other electronic means:

Provided that, the hard copy of such document shall be transmitted to the court point subsequently by registered post or courier service.

(4)

The

Commissioner shall be responsible for making all necessary practical arrangements in coordination with the court offi cer and making any additional request for the assistance of the court, if any, in obtaining the evidence to ensure the attendance of the witness and matters connected therewith.

(5)

It shall be the duty of the Commissioner to ensure that all directions issued by the

Judge of the High Court or the Magistrate are complied with during the examination of a witness and to ensure that any other device, except the one provided by the court or with the approval of such Judge or the Magistrate is not used during such examination.

(6)

Any audio or video recording of an examination of a witness through contemporaneous audio-visual linkage by any unauthorized person shall be prohibited.

Where any party or representative is permitted to participate in such examination, the Judge of the High Court or the Magistrate may, in an appropriate case, require an undertaking to be made to the Commissioner that no such recording shall be made.

273K.

Safeguards to be taken during recording of an

(1)

(a) The Judge of the High Court or the Magistrate shall, with the assistance of the Commissioner confi rm the identity of the person to be examined through contemporaneous audio-visual linkage and administer an oath or affi rmation in accordance with law, practice and procedure of the court for the examination of a witness located in Sri

Lanka or outside Sri Lanka.

through contempo raneous linkage

(b)

An oath or affi rmation made by a person outside Sri Lanka, giving evidence through contemporaneous audio-visual linkage under this Code and a statement made on oath or affi rmation by such person outside Sri Lanka and given in evidence through live audio-visual linkage, shall be treated as having been made in the same way as if the person were to give evidence in the courtroom or other place in Sri Lanka and for the purpose dealing with the offence of contempt of court under any relevant written law for the time being in force in Sri Lanka.

(2)

The examination of a witness through contemporaneous audio-visual linkage shall be recorded in open court in writing by the

Judge of the High Court or the Magistrate or in his presence and hearing at the court point and under his personal direction and supervision as any proceeding conducted physically in examination of a witness audio-visual the court and, such examination shall also be recorded electronically only at the court point where such Judge or the Magestrate is sitting.

(3)

The examination of a witness through contemporaneous audio-visual linkage shall ordinarily be taken place during the court working hours:

Provided however, the court may issue suitable directions with regard to timings of the audio-visual hearing as the circumstances may arise.

(4)

For the purposes of this Act, the court point or the remote point, shall remain as a formal court sitting and the Supreme Court may make rules under section 453, laying down the protocols relating to examination of a witness through contemporaneous audio-visual linkage.

273L.

through contempo raneous

(1)

The examination of a witness through contemporaneous audio-visual linkage shall, to the greatest extent possible, be conducted in accordance with the usual practice of the court in open court and the Evidence Ordinance (Chapter 14), the

Judicature Act, No. 2 of 1978 or any other written law for the time being in force, which provides for the receiving of evidence through contemporaneous audio-visual linkage shall apply, to the extent not inconsistent with the provisions of this Code.

linkage in Court

(2)

The Judge of the High Court or the Magistrate may, having regard to the changed environment created by video-link technology, and the geographical separation of participants, may issue appropriate directions whether or not, upon application by the parties to ensure that examination of

Examination of a witness audio-visual accordance with the usual practice of the a witness through contemporaneous audio-visual linkage will not interfere with the rights of the parties to have a fair trial.

273M.

Failure of contemp oraneous

(1)

Where an interruption is experienced during hearing through the contemporaneous audio-visual linkage due to technological fault, the court offi cer and the

Commissioner shall make all endeavors to rectify and restore the connection immediately.

linkage

(2)

The Commissioner shall ensure that the witness at the remote point does not communicate with other participants during such interruption and inform the Judge or the

Magistrate at the court point immediately after restoring the connection that he has taken all steps to avoid the witness communicating with other participants and to limit their mobility as much as possible during such interruption.

(3)

(a) If contemporaneous audio-visual linkage fails during the proceedings and any technological fault cannot be rectifi ed immediately, the Judge of the High Court or the Magistrate may adjourn the proceeding or make such other orders as are appropriate in the circumstances including suspension and rescheduling of the proceedings.

(b)

If the Judge of the High Court or the

Magistrate on his own or at the request of the Commissioner or on the application of a party made immediately after such remote hearing is satisfi ed that the technological fault has adversely affected the examination of a witness through contemporaneous audio-visual linkage, he may cancel the hearing immediately and either conduct the hearing afresh or direct that a physical hearing be conducted in court.

audio-visual

(4)

In case of adjournment due to failure of contemporaneous audio-visual linkage, the

Judge of the High Court or the Magistrate may make such order as to costs as may be just.

(5)

For the purpose of this section –

“poor audio visual quality” means the impaired quality or sound of the picture received;

“technological fault” includes any equipment or network failure or fault at any site or with service providers which causes slower transmission speed or poor audio visual quality.

273N.

Power and

(1)

A Judge of the High Court or a Magistrate presiding or acting judicially at the court point in a proceeding of a court at the court point, shall have in connection with evidence being taken through contemporaneous audio-visual linkage from a person in Sri Lanka or outside Sri Lanka, the same power and authority as a Judge of the

High Court or a Magistrate.

witness

(2)

A Commissioner acting on a commission duly issued by the Judge of the High Court or the Magistrate to co-ordinate and link with the court that issued the commission and a court offi cer, shall have in connection with the evidence being taken through contemporaneous audio-visual linkage from a person in Sri Lanka or outside

Sri Lanka, the same privileges, protection and immunity as a Commissioner of the court or a court offi cer.

(3)

An Attorney-at-Law shall have, in connection with such appearance for a party authority of a Judge and the privileges

Commissioner, court offi cer,

Attorney-at-etc. of the

Law and the through contemporaneous audio-visual linkage, the same privileges, protection and immunity as an Attorney-at-Law appearing for a party in or before such court.

(4)

A person attending as a witness either in

Sri Lanka or outside Sri Lanka in a proceeding in a court at the remote point shall have, in connection with giving evidence as a witness, through contemporaneous audio-visual linkage, the same protection as a witness in a proceeding in or before such court.

273O.

use of contempo raneous

(1)

All expenses of a remote hearing shall be borne by the party seeking the examination of witness through contemporaneous audio-visual linkage other than the expenses for any observer appointed by the other party, the legal fee of such other party and the expenses of sending documents to the remote point:

linkage for receiving evidence or making

Provided that, where the order to take evidence through contemporaneous audio-visual linkage is made by the Judge of the

High Court or the Magistrate on its own, the costs for such audio-visual hearing, unless the parties agree to bear the expenses, may be met by the Court.

(2)

Where the technology live-court room has been established in any court or where other contemporaneous audio-visual technology services have been provided permanently to any court, the Judge of the

High court or the Magistrate may, subject to the rules or circulars issued by the Ministry of the Minister assigned the subject of

Justice, dispense with the costs for the use of contemporaneous audio-visual facility in Sri

Lanka, either in full or in part.

(3)

Notwithstanding the orders that can be made by the Judge of the High Court or the

Magistrate in relation to payment of cost, in

Expenses for audio-visual submissions the event that such Judge or the Magistrate, after evidence is led as to the proof of the document, accepts the document, the party who sought to impeach the document shall be liable to pay incurred cost of proving the document in addition to tax cost, unless the

Judge of the High Court or the Magistrate for good reason directs otherwise.

273P.

Return of

(1)

After the commission has been duly executed, it shall be returned by the Commissioner together with his report in writing subscribed with his name and directions issued by the Judge of the High

Court or the Magistrate and the steps taken by him to comply with all directions to the court that issued commission along with the original of the affi davit referred to in section 273E and such report and affi davit shall be fi led of record.

(2)

The evidence recorded in the aforesaid manner using contemporaneous audio-visual linkage shall not be admissible as evidence unless and until the report and the affi davit referred in subsection (1) is recorded to the court.

273Q.

the remote

(1)

Subject to the provisions of section 273L, the evidence recorded at the examination of a witness through contemporaneous audio-visual linkage shall become the offi cial record of the testimony.

requests transcripts of video recording

(2)

The encrypted master copy shall be retained in the court’s digital server separately as part of the record by the Registrar and the encrypted backup copy shall be kept in any other external safe location.

commission

The transcripts of record of witness and for certifi ed

(3)

Where a party requests that in the course of contemporaneous audio-visual recording, some privileged communication has taken place, the Judge of the High Court or the

Magistrate shall make appropriate directions in that regard.

(4)

A party may be allowed to view the master copy of the contemporaneous audio-visual recording retained in the court on application and such application shall be decided solely by the Judge of the High

Court or the Magistrate on a case-by-case basis, subject to strict conditions, including that the master copy may be viewed only in the presence of the Registrar or the technical offi cer.

(5)

Copies of the master copy or the back-up copy of the contemporaneous audio-visual recording shall not be issued to any party by the court.

273R. (1) Any place within or outside

Sri Lanka in which contemporaneous audio-part of the court visual linkage is being used for the purpose of giving evidence in any proceeding under this

Code, shall be deemed to be part of the court in Sri Lanka that is sitting in a courtroom or other place for the purpose of conducting the proceedings under this Code.

(2)

Any offence committed at the remote point shall be deemed to have been committed at the courtroom or other place where the court is sitting for the purposes of the laws time being in force in Sri Lanka and the laws

Location or premises to be considered relating to evidence, procedure, contempt of court or perjury shall mutatis mutandis apply.

(3)

All proceedings conducted by a court through contemporaneous audio-visual linkage shall be judicial proceedings and all the courtesies and practices applicable to a physical court, including protocols in regulations made, shall apply to these proceedings.

273S.

of expert witnesses through contempo raneous

(1)

The Judge of the High Court or the Magistrate shall call a report or evidence from an expert witness in the manner hereinafter provided in this section.

(2)

(a) Subject to the provisions of sections 148 and 397 the Magistrate may in appropriate circumstances summon any expert witness to give evidence or to produce a report through contemporaneous audio-visual linkage.

linkage

(b)

The Judge of the High Court may in appropriate circumstances summon any expert witness to give evidence or to produce a report through contemporaneous audio-visual linkage.

(3)

The Judge of the High Court or the

Magistrate as the case may be, may summon any expert witness in the manner provided for in Chapter V of this code or by a courier service or any other electronic means.

(4)

It shall be the duty of any such expert witness who received a summon to acknowledge the receipt of such summon and comply with the order issued by such summon.

(5)

Where the Judge of the High Court or the Magistrate orders an expert witness to submit a report electronically, such

Examination audio-visual report shall be authenticated by means of an electronic signature before transmitting such report to the court.

(6)

The facts contained in a report submitted through electronic means shall be admissible in evidence of such facts, if the parties to the case do not insist on the personal attendance of such expert witness and the presiding judge deems it appropriate.

(7)

For the purpose of this section “expert witness” includes a judicial medical offi cer, a forensic medical offi cer, an offi cer of the

Department of Government Analyst and a forensic medical specialist of the Department of Forensic Medicine of a Medical Faculty in a University.

273T. For the purposes of sections 273A to 273S (both inclusive), regulations shall be made with the concurrence of the Chief

Justice in respect of the following matters: -

(a)

prescribing the type of equipment and method of technology to be used and the arrangements to be made where a person is to appear by the use of contemporaneous audio-visual linkage;

(b)

declaring any court as a designated technology live-court room;

(c)

prescribing the cost of contemporaneous audio-visual linkage and payment, if any, to be made to any external service provider for providing contemporaneous audio-visual linkage to such proceedings within or outside

Sri Lanka; and

Regulations (d) providing for any other matters contemplated by this Code as being necessary for its administration, or necessary for giving it full effect.

273U. For the purpose of sections 273A to 273T (both inclusive)-

“contemporaneous audio-visual linkage”

means any technological facility that enables-

(a)

persons who are taking part in the proceedings at the court point to see and hear all other persons taking part in the proceedings at the remote point where the evidence is being given or any other location; and

(b)

all other persons taking part in the proceedings at the remote point to see and hear persons taking part in the proceedings at the court point or in other location;

“court point” includes the courtroom or other place where the court is physically sitting and hears the evidence of witnesses either by traditional means or through contemporaneous audio-visual linkage;

“electronic means” mean any method by which information or document is generated, sent, received or stored by electronic, magnetic, optical or any other similar capacity regardless of the medium;

“expert’s report” includes a statement by an expert in writing which sets out the expert’s opinion and the facts

Interpretation on which the opinion is formed and which contains the substance of the expert’s evidence which the party serving the statement intends to adduce as evidence in chief at the hearing;

“government institution” includes the offi ce of the Secretary to the President, the offi ce of the Secretary to the Prime

Minister, the offi ce of the Secretary to the Cabinet of Ministers, the offi ces of the Ministers appointed under Article 44 or 45 of the

Constitution, the Judicial Service

Commission, the

Constitutional

Council, the Commissions referred to in the Schedule to Article 41B of the Constitution, the Parliamentary

Commissioner for Administration, the Secretary-General of Parliament, any Ministry or Department of the

Government, a Provincial Council, a

Provincial Ministry or Department, a local authority, a Public Corporation, a business or other undertaking vested in the Government under any written law, any company registered under the Companies Act, No. 07

of 2007, in which the Government, a public corporation or a local authority holds more than fi ft y per centum of the shares of that Company and any hospital, health care service facility, clinic, centre for disabled persons, detention centre, prison, children’s home, shelter home, safe house, child care centre, remand home or any centre, home or school for the care, protection or custody of children or youthful off enders, owned or controlled by the Government or a Provincial Council or a local authority;

“Minister” means the minister assigned the subject of Justice under Article 44 or 45 of the Constitution;

“offi cer-in-charge of a place of detention”

means the superintendent, manager or other offi cer charged with the administration and control of the relevant place of detention;

“place of detention” means any detention facility within the meaning of any written law and shall include a training school, remand home, a certifi ed school for suspects or accused and a quarantine centre within the meaning of the Quarantine and Prevention of

Diseases Ordinance (Chapter 222), and any treatment and rehabilitation centre within the meaning of the

Drug Dependent Persons (Treatment and Rehabilitation) Act, No. 54 of 2007;

“recording” means a recording on any medium –

(a)

of a single image, a moving image or any sound; or

(b)

from which a single image, a moving image or any sound may be produced or reproduced;

“remote point” means the place where the witness to be examined through contemporaneous audio-visual linkage is located on a commission issued by the

Judge of the High Court or the

Magistrate that hears the case at the court point or any other remote point for the proceedings through contemporaneous audio-visual linkage whether located in

Sri Lanka or outside Sri Lanka;

“technology live courtroom” means the court room that is declared by the

Minister for the purposes of this

Code as premises enabling members of the public or court users to see and hear proceedings that are held in such other court premises or broadcast and lined with any other location in

Sri Lanka or outside Sri Lanka in accordance with directions made by the Minister in consultation with the

Chief Justice, in terms of the regulations made under section 273T of this Code;

“transmission” means any transmission by electronic means of a single image, a moving image or any sound;

“witness employed in a government institution” means –

(a)

a member of staff of a government institution or a person employed in or engaged by any government institution who provides an expert’s report for the use in evidence in proceedings or proposed proceedings or who is called as an expert to give opinion evidence in the proceedings;

(b)

a member of a government institution called to tender a document or to corroborate a document of the said government institution which is kept in the custody of the said government institution; or

(c)

any employee of a government institution or any other witness of a class prescribed by any regulations or directives of any government institution.”.