Evidence (Amendment) Act 2021

This Act may be cited as the Evidence (Amendment)

Act, No. 6 of 2021.

Section 6 of the Evidence Ordinance (Chapter 14)

(hereinafter referred to as the “principal enactment”) is hereby amended in the illustration (b) to that section, by the substitution for the words, “waging war against the Queen.”

of the words, “waging war against the Republic”.

Section 10 of the principal enactment is hereby amended in the illustration to that section, by the substitution for the words, “ ‘A’ has joined in a conspiracy to wage war against the Queen” of the words, “ ‘A’ has joined in a conspiracy to wage war against the Republic”.

Section 37 of the principal enactment is hereby amended as follows:-

by the substitution for all the words starting from,

in the marginal note to that section, by the substitution for the words, “contained in any United

Section 57 of the principal enactment is hereby amended as follows:-

by the substitution in paragraph (1) of that section, for the words, “to be in force in any part of Ceylon;”

by the substitution in paragraph (3) of that section, for the words, “war for Her Majesty’s Navy, Army or

in paragraph (4) of that section-

by the substitution in paragraph (5) of that section, for the words, “the accession and the Sign Manual of the Sovereigns for the time being of Ceylon and of the United Kingdom;” of the words, “the Public

by the substitution in paragraph (6) of that section, for the words, “all seals of which English courts take Judicial Notice; the seals of all the courts of

by the substitution in paragraph (7) of that section, for the words, “any public office in any part of

by the substitution in paragraph (8) of that section, for the words,

by the substitution in paragraph (10) of that section, for the words, “Her Majesty’s Realms and

by the substitution in paragraph (11) of that section, for the words, “between Her Majesty and any State or body of persons;” of the words, “between the

by the substitution in paragraph (12) of that section, for the words, “advocates, proctors,” of the words,

Section 65 of the principal enactment is hereby amended in paragraph (6) of that section, by the substitution for the word, “Ceylon” of the words, “Sri Lanka”.

Section 69 of the principal enactment is hereby amended by the substitution for the words, “executed in the

United Kingdom,” of the words, “executed in any foreign

Country,”.

Section 74 of the principal enactment is hereby amended as follows:-

by the substitution in subparagraph (iii) of paragraph (a) of that section, for the words, “Ceylon or of any other part of Her Majesty’s Realms and Territories, or of a foreign country;” of the words, “Sri Lanka or of a foreign counrty;” and

by the substitution in paragraph (b) of that section, for the word, “Ceylon,” of the word, “Sri Lanka,”.

Section 78 of the principal enactment is hereby amended as follows:-

by the substitution in paragraph (1) of that section, for the words, “Government of Ceylon” of the words,

by the substitution in paragraph (3) of that section, for the words, “issued by Her Majesty or by the Privy

by the substitution in sub-paragraph (iii) of paragraph (4) of that section for the words, “public enactment of Ceylon;” of the words, “public enactment of Sri Lanka;”.

by the substitution in paragraph (5) of that section for the words, “Municipal body in Ceylon-” of the words, “Municipal body in Sri Lanka-”; and

by the substitution in subparagraph (ii) of paragraph (6) of that section for the words, “of a British Consul or Diplomatic Agent,” of the words, “of any

Section 79 of the principal enactment is hereby amended by the substitution for the words, “duly certified by any officer in Ceylon,” of the words, “duly certified by any officer in Sri Lanka”.

Section 81 of the principal enactment is hereby amended by the substitution for all the words starting from

“every document purporting to be the London Gazette” to the words, “by the Queen’s printer,” of the words, “every document purporting to be the Gazette of Ceylon or Sri Lanka”.

Section 82 of the principal enactment is hereby repealed.

Section 85 of the principal enactment is hereby amended by the substitution for the words, “British Consul or Vice - Consul, or representative of her Majesty, or of the

Governor - General of Ceylon, or of the Government of India,”

of the words, “an Ambassador or High Commissioner or other diplomatic representative of Sri Lanka,”.

Section 86 of the principal enactment is hereby amended by the substitution for all the words starting from

“any country not forming part of Her Majesty’s Realms and

Territories” to the words, “Government of India,” of the words,

“any counrty other than the Republic of Sri Lanka is genuine and accurate, if the document purports to be certified in any manner which is certified by any representative of the

Republic of Sri Lanka,”.

Section 90A of the principal enactment is hereby amended by the repeal of the definition of the expression

“company” and the substitution therefor of the following definition:-

““company” shall have the same meaning assigned to it under the Companies Act, No. 7 of 2007.”.

Section 90B of the principal enactment is hereby amended by the substitution for the words, “within Ceylon,”

of the words “within Sri Lanka,”.

Section 91 of the principal enactment is hereby amended in exception 2, to that section, by the substitution for the word, “Ceylon” of the word, “Sri Lanka”.

Section 100 of the principal enactment is hereby amended by the substitution for the word, “Ceylon,” of the word “Sri Lanka,”.

Section 111 of the principal enactment is hereby amended in the illustration (a) to that section, by the substitution for the words, “a proctor” and “the proctor”

wherever those words appear in that illustration of the words respectively, “an attorney-at-law” and “the attorney-at-law”.

Section 126 of the principal enactment is hereby amended by the substitution for the words, “Advocate,

Proctor,” wherever those words appear in that section, of the words, “attorney-at-law”.

Section 127 of the principal enactment is hereby amended by the substitution for the words, “advocates, proctors,” wherever those words appear in that section of the words, “attorneys-at-law”.

Section 128 of the principal enactment is hereby amended by the substitution for the words, “advocate, proctor,” wherever those words appear in that section of the words, “attorney-at-law”.

Section 132 of the principal enactment is hereby amended in subsection (1) of that section, by the substitution for the words,“her Majesty” of the words, “the State”.

Section 149 of the principal enactment is hereby amended as follows:-

in the illustration (a) to that section, by the substitution for the words, “An Advocate is instructed by a proctor” of the words, “An attorney-at- law is instructed”; and

in the illustration (b) to that section, by the substitution for the words, “A Proctor” and “the proctor” wherever those words appear in that illustration, of the words respectively as, “An

Section 150 of the principal enactment is hereby amended by the substitution for the words, “advocate or proctor”, wherever those words appear in that section of the words, “attorney-at-law”.

In the event of any inconsistency between the

Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.