it is about Criminal investigation in Sri Lanka

1. The Code of Criminal procedure
Act No.15 of 1979 and its
amendments contain sufficient
provisions to safeguard the rule
of law to conduct of police
investigation.
Do u Agree?
Yes, but not fully agree

2. rl;lthl;rpf;Fk; nghyp]hupd; Gyhdha;Tf;Fkpilapyhd
njhlu;G vd;d?
A.Dicey
KjyhtJ Nfhl;ghL rl;lthl;rp kw;Wk; jw;WzpG mjpfhuj;Jld;
njhlu;GilajhFk;.
rl;lj;jpd;
fpisfs;
jtpu;e;j
Ntnwe;j
mjpfhuj;jpdhYk;
ve;jnthU
egUk;
jz;bf;fg;gLjyhfhJ.
mjhtJ
murhq;fj;jpd; vy;yh nray;fSk; rl;lj;jpdhy; jj;Jtkspf;fg;gl;bUj;jy;
Ntz;Lk;.
,uz;lhtJ Nfhl;ghL rl;lj;jpd; Kd; midtUk; rknkd;gjhFk;. xUtupd;
jFjp> gjtp vd;gtw;iwf; fUj;jp;y; nfhs;shJ rhjhuz rl;lq;fSf;Nfw;g
elhj;jg;gl Ntz;Lk;.
 jdpegu; cupikfSld; njhlu;GilajhFk;.

3. rl;lthl;rpapd; $Wfs;
• Limited Government Powers – kl;Lg;gLj;jg;gl;l murhq;f mjpfhuq;fs;
•; Absence of Corruption – Coyw;w jd;ik
• Order and Security – ghJfhg;G
• Fundamental Rights – mbg;gil kdpj cupikfs;
• Open Government – jpwe;j murhq;fk;
• Regulatory Enforcement - xOq;FKiw mKyhf;fk;
• Civil Justice – Fbapay; ePjp
• Criminal Justice – Fw;wtpay; ePjp
• Informal Justice – Kiwik rhuh ePjp
Factors
Scores
Global Rankings
Regional Rankings
Income Group
Rankings
Limited Government Powers
0.56
47/97
2/5
7/23
Absence of Corruption
0.51
43/97
1/5
3/23
Order and Security
0.54
89/97
3/5
20/23
Fundamental Rights
0.60
50/97
1/5
5/23
Open Government
0.50
43/97
1/5
3/23
Regulatory Enforcement
0.52
48/97
1/5
3/23
Civil Justice
0.52
55/97
1/5
6/23
Criminal Justice
0.62
30/97
1/5
2/23

4. Sri Lanka
Subfactors
Scores
8.1 Criminal investigation system
is effective
0.68
8.2 Criminal adjudication system is
timely and effective
0.52
8.3 Correctional system is effective
in reducing criminal behavior
0.44
8.4 Criminal system is impartial
0.78
8.5 Criminal system is free of
corruption
0.72
8.6 Criminal system is free of
improper government influence
0.75
8.7 Due process of law and rights of
the accused
0.42

5. Gydha;T fhy jhkjkpd;wp Kbf;fg;gLjy; Ntz;Lk;.
 Sections 115(1) , 120
 Section 37 – Act No. 20 0f 2013
“Notwithstanding anything contained in the Code of Criminal Procedure Act, No. 15 of
1979 other than the provisions of section 43A of that Act, any peace officer shall not detain
in custody or otherwise confine a person arrested without a warrant for a longer period than
under all the circumstances of the case is reasonable and such period shall not exceed
twenty-four hours exclusive of the time necessary for the journey from the place of arrest to
the presence of the Magistrate:
Provided that, where the arrest is in relation to an offence as is specified in the Schedule to
this Act, such period of detention in police custody may, on production before him of the
person arrested and on a certificate filed by a police officer not below the rank of the
Assistant Superintendent of Police submitted prior to the expiration of the said period of
twenty-four hours, to the effect that it is necessary to detain such person for the purpose of
further investigations, be extended upon an Order made in that behalf by the Magistrate
for a further period not exceeding twenty-four hours, so however that the aggregate period
of detention shall not exceed forty-eight hours:

6. murpayikg;G cWg;Giu 13(3)
“ jtWf;fhf Fw;wQ;rhl;lg;gLk; vtNuDk; Ms; jFjptha;e;j ePjpkd;wj;jpdhy;
elhj;jg;gLk; tpsf;fj;jpy; mtNu Neubahf ciug;gjw;F my;yJ rl;lj;juzp %yk;
ciug;gjw;F cupj;Jilatuhf Ntz;Lk;.”
jpUj;jj;jpid mKyhf;Fk; NghJ Vw;gl;l jilfs;
murpay; ahg;Gf;F KuzhdJ
• rl;lkhf;f 2/3 ngUk;ghd;ik mtrpak; - Shirani Bandaranayake .C.J
rl;lthl;rp> ,aw;if ePjp> ePjpj;Jiw Rje;jpuk; vd;gd Nfs;tpf;Fl;gLj;jg;gLk;.
kf;fspd; cupikfis cWjp nra;tjw;fhd rl;lthl;rp vd;gJ khw;wkile;J muir
ghJfhg;gjhd rl;lthl;rpia epiyehl; epiwNtw;Wj;JiwAk; rl;lthf;fj;JiwAk;
If;fpag;gl;L ePjpj;Jiw xJf;fg;gl;l epiyiaf; fhzKBe;jJ.
ePz;l fhyk; jLj;J itj;jpUj;jyhdJ rpj;jputijf;F toptFf;Fk;
 cWg;Giu 11
 CPC 111
 Convention Against torture and other cruel inhuman or degrading treatment
or punishment – Section 2 Torture to be an offence.

7. Section 12
“ torture" with its grammatical variations and cognate expressions, means any act
which causes severe pain, whether Physical or mental, to any other person, being an
net which is“
(a) done for any of the following purposes that is to say"
(i) obtaining from such other person or a third person, any information or
confession; or
(ii) punishing such other person for any act which he or a third person has
committee, or is suspected of having committed ; or
(iii) intimidating or coercing such other person or a third person ; or
(b) done for any reason based on discrimination,
cWg;Giu 126 (2) ,d; fPo; tof;Fj; njhlu Cri P C Section 37 proviso cjTtjhf mikAk;.
“Provided further, that any person arrested and detained for a further period shall be
afforded an opportunity to consult an Attorney-at-Law of his choice and to
communicate with any relative or friend of his choice during the period of such
detention.”

8. ,yq;if tof;Ffs;
Section 115
1. Attonerney General v Nilanthi [1997] 2 SLR 203
2. Tunnaya alias Gunapala v OIC , Galewala police [1993] 1 SLR 61
3. Dissanayake v OIC Hanguranketha police [1989] 2 SLR 247
4. Attorney General v Punchi Banda. [1986] 1 SLR 40
5. Attorney General v Mohamed Iqbal Ismail
6. kapugeekiyana v Hettiarachci
Fundamental rights - Violation - lllegal arrest and illegal detention - Torture, cruel, inhuman
and degrading treatment - Right to be defended by an attorney-at-law - Freedom to engage in
lawful occupation, profession and business - Articles 11, 12(1) 13(1), (2) and (3) and 14(1) (g) of
the Constitution - Sections 32(1) (b), 36, 37, 115(4) of the Code of Criminal Procedure Act No. 15
of 1979 - Section 41 (1) of the Judicature Act No. 2 of 1978.
Section 111
The Queen v Fernando
Section 120
1. Tunnaya alias Gunapala v OIC , Galewala police [1993] 1 SLR 61
2. Sungarapulle v Thambiah (1966) 68 NLR 25 PC
Mahanama Thilakaratna v Bandula Wicramasinghe , Danny v Sirinimal Silva ,t;tpU
tof;FfspYk; ePjthd; nghyp]hupd; Ntz;LNfhSf;fpzq;f tpsf;fkwpaw;
fl;Lf;fhg;gpy; itj;jpUf;Fk; gb fl;lisfisMf;fyhk; vdg;gl;lJ.

9. Indian Criminal Procedure Code
Section 167 - Procedure when investigation cannot be completed in twenty four
hours.-(1) Whenever any person is arrested and detained in custody, and it appears
that the investigation cannot be completed within the period of twenty-four hours
fixed by section 57, and there are grounds for believing that the accusation or
information is well-founded, the officer in charge of the police station or the police
officer making the investigation, if he is not below the rank of sub-inspector, shall
forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary
hereinafter prescribed relating to the case, and shall at the same time forward the
accused to such Magistrate.
(2) The Magistrate to whom an accused person is forwarded under this section may,
whether he has or has not jurisdiction to try the case, from time to time, authorise the
detention of the accused in such custody as such Magistrate thinks fit, for a term not
exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or
commit it for trial, and considers further detention unnecessary, he may order the
accused to be forwarded to a Magistrate having such jurisdiction:
Section 163.No inducement to be offered.Recent Example : Cricket fixing. Maharashtra Control of Organised Crime Act,
1999 (MCOCA)
Pakistan case :- Allah Rakhi vs the State

10. THANK YOU