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    CPC Arrest English

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    CPC Arrest English

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    cpc arrest english

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    CPC Arrest English

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    © All Rights Reserved
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    of 6
    PARLIAMENT OF THE DJEMOCRATIC SOCIALIST REPUBLIC. OF SRI LANKA CODE OF CRIMINAL PROCEDURE ACT, No. 13 OF 1979 [Certified or: 8th March, 1979] Printed on the Orders of Governmerat Published as a Supplement to Part II of the Gazette of the Democratic Sociatist Republic of Sri Lanka of March 09, 1979 PRINTED AT! THE DEPARTMENT OF GOVERNMENT PRINSING, SRI LANKA Reprinted 2009 Code of Criminal Procedure Act, 13 No. 15 of 1979 CHAPTER IV OF Anrest, Escarg, Axp RETAKING A—ARREST GENERALLY 93. (1) In making an arrest the person Taking che same shall a-caally touch or confine the body of the person to be arrested unless there be a submission to the custody by word or action and shall inform the person to be arrested of the nature of the charge or allegation upon which he is arrested. Explanation.—Keeping a porson in confinement cr restraint without formally arresting him or under the colourable pretension that an arrest has not becn made when to all intents and purposes such person is in cus- tody shall be deemed to be an arrest of such person. (2) If such person forcibly resists the endeavour to arrest him or attempts to evade the arrest, the person making the arrest may use such means as are reasonably necessary to effect the arrest, (3) Anything in this section shall not give a right to cause the death of a person who is not accused of an offence punishable with death. 24; If any person acting under a warrant of arrest or having authority to arrest has reason to believe that any person to be arrested has entered into or is within any place, the person residing in or in charge of such place shall on demand of such person acting or having authority as aforesaid allow him free ingress therein and afford all reasonable facilities fur a search therein. 25, If ingress to such place cannot be obtained under section 24 it shall be lawful in any case for a person acting under a warrant, or in any case in which a warrant may issue but cannot be obtained without affording the persor to be arrested an opportunity of escape, for a peace officer to enter such place. and search therein, and in order to effect an entrance into such place to break open any outer or inner door or window of any place whether that of the person to be arrested or of any other person, if after notifi- cation of his authority and purpose and demand of admit- tance duly made he cannot otherwise obtain admittance. 26. Whenever a search for anything is or is about to be lawfully made in any house or place in respect of any offence all persons found therein may be lawfully detained in such house or place until the search is completed, and Arrest how made. endeavour to arrest. Search of place entered by person sought to be arrested. where obtainable. 4 Code of Criminal Procedure Act, | No. 15 of 1979 subject to section 30 they may, if the thing sought be in its nature capable of being conceaicd on the person, be searched for it by or in the presence of a Magistrate or inquirer or police officer not under the rank of inspector. Power to 27. Any person authorized to make an arrest may break Greak open open any outer or inner door or window of any place in windows for order to liberate himself or any other person who, having Purposes of lawfully entered for the purpose of making an arrest, is detained thercin. ‘No. un . he ri sl subj say erraanel 28. The pe: son arrested shall not me subjected to more restraint. restraint than is necessary to prevent his eseape. ‘Search of 29, Whenever a person— persons arrested. (a) is arrested by a peace officer under a warrant which does not provide for the taking of bail. or under a warrant which provides for the taking of bail but | the person arrested cannot fnrnish bail ; or (5) is arrested without warrant or by @ private person | under a warrant and cannot legally be admitted to | bail or is unable to furnish bail, 7 | the peace officer making the arrest, or when the arrest is | made by a private person the peace officer to whom he hands over the person arrested. may subject to section 30 search such person and place in safe custody all articles other than necessary wearing apparel found upon him, and | any of such articles which there is recson to believe were | the instruments or the fruits or other evidence of the crime may be detained until his discharge er acquittal. ant 30.. Whenever it is necessary to cause a woman to be women. searched the search shall be made by another woman with strict regard to decency. see 31. The person making any arrest imder this Code may Offensive take from the person arrested any offensive weapons or any Instrument capable of being used for committing an offence which he has about his person and shall deliver all ‘weapons and instruments so taken to the court or officer be- fore which ot whom the person making the arrest is required by law to produce the person arrested. { Code of Criminal Procedure Act, 15 No. 15 of 1979 BW-ARREST WITHOUT A WARRANT (1) Any peace officer may without an order from a Magistrate und without a warrant arrest any person— (@) (oy (ec) (da) (e) a“ (» (i) @ (2) who in his presence commits any breach of the peace; who has been concerned in any cognizable offence or against whoin @ reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned ; having’in his possession without lawful excuse (the burden of proving which excuse shall lie on such person) any implement of house-breaking ; who has been proclaimed as an offender ; in whose possession anything is found which may reasonably be suspected to be property stolen or fraudulently obtained and who may reasonably be suspected of having committed an offence with reference io such thing ; who obstructs a peace officer while in the execution of his duty or who has escaped or attempts to escape from lawful custody ; reasonably suspected of being a deserter from the Sti Lanka Army, Navy or Air Force ; found taking precautions to conceal his presence ‘under circumstances which afford reason to believe that he is taking such precautions with 2 view to committing a coynizable offence’; who has been concerned in or against whom a reason- able complaint has been made or credible informa- tion has been received or a reasonabie suspicion exists of his having been concerned in any act com- mitted at any place out of Sri Lanka, which if com- mitted in Sri Lanka would have been punishable a an offece and for which he is under any law for the time being in force relating to extradition or to fugitive persons or otherwise liable to be apprehen- ded or detained in custody in Sri Lanka. Anything in this section shall not be held to-interfere with of modify the operation of any cnactment empowering ‘a peace office: to arrest without a werrant, 3—Code of Criminal Procedure When peace otficers may arrest with- out warrant. Powers of arrest in an non cogniz~ able cases. 16 Coute of Criminal Procedure Act, No. 15 of 1979 %, (1) When any person in the presence of a peace oflicer is accused of committing a non-coguiz:i.le offence atl refuses on the demand of such peace officer lo give his name and residence or gives a name or residence whic such officer has reason to believe to be false, he .nay be arvested by such peace officer in order that his name ur residence vaay be ascertained, and he shall within twenty-four hours from the arrest exclusive of the time necessary for the Journey be taken before the nearest Magistrate's Court unless before that time his true name and iesidence are ascertained, in which case such person shall be forthwith teleased on his executing a bond for his appearance before a Magistrate's Court if so required. (2) When any person is accused of committing a non- cognizable offence and a peace officer has reason to believe that such person has no permanent residence in Sti Lanka and that he is about to leave Sri Lanka, h~ may be arrested by such peace officer and shall be taken forthwith to the nearest Magistrate who may cither require him to execute a bond with or without a surety for his appearance before 8 Magistrate's Court or may order him to be detained in custody until he can be tried. 34. For the purpose of arresting any person whom he * has'power to arrest without a warrant a peace officer may Pursue any such person into any part of Sri Lanka 35. Any private person may arrest any person who’ in his presence commits a cognizable offence or who has been Proclaimed as an offender, or who is running away and whom he reasonably suspects of having committed a cognizable offence, and shall without unnecessary delay make over the person so arrested to the nearest peace officer or in the absence of a peace officer take such person to the nearest police station. If there is reason to believe that such Person comes under the provisions of section 32 a veace officer shall re-arrest him. If there is reason to believe he has committed a non-cognizable offence and he zefuses on the demand of a police officer to

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