The statutes and the courts
The 1979 Code replaced the Administration of Justice Law of 1973 and restored much of the structure of the old 1898 Code. It is read with the Penal Code, which defines the offences, the Evidence Ordinance, which governs proof, the Judicature Act, which creates the courts, and the Bail Act. Special statutes such as the Prevention of Terrorism Act and the Poisons, Opium and Dangerous Drugs Ordinance modify the ordinary rules, especially on bail.
Criminal cases are tried in the Magistrate's Court, which handles the great majority of cases summarily, and the High Court, which tries serious offences on indictment by the Attorney General, either by a judge alone or with a jury. Appeals go to the Court of Appeal and then, with leave, to the Supreme Court.
Complaint, arrest and investigation
A case usually begins with a complaint to the police, recorded under section 109. Offences are classified in the First Schedule as cognizable, where the police may arrest without a warrant, or non-cognizable, where a warrant or a magistrate's order is needed. Section 32 lists the circumstances in which a police officer may arrest without a warrant. A person arrested must be told the reason and must be produced before a magistrate within twenty-four hours, a rule that Article 13 of the Constitution also guarantees.
The police investigate, record statements and report to the magistrate through a B report. The magistrate may remand the suspect, release on bail or discharge, and the Attorney General decides whether to indict in the High Court, direct a summary trial or take no action.
Bail under the Bail Act
The Bail Act No. 30 of 1997 states the guiding principle: the grant of bail is the rule and refusal the exception. For most offences the Magistrate's Court can release a suspect on bail, on personal recognisance, surety or cash. The Magistrate's Court cannot grant bail for offences punishable with death or life imprisonment; those applications go to the High Court. Bail may be refused where the court is satisfied that the suspect would fail to appear, interfere with witnesses or evidence, or commit further offences, or where release would endanger the suspect or disturb public order.
Section 16 limits detention without trial: a suspect cannot ordinarily be held in remand for more than twelve months without an order of the High Court. The Act does not apply where another statute provides otherwise, which is why bail under the Prevention of Terrorism Act or for certain drug offences is far more restricted. Anticipatory bail is not generally available in Sri Lanka.
The non-summary inquiry
For offences that must be tried in the High Court, the Magistrate's Court first holds a non-summary inquiry. The prosecution leads evidence, the accused may cross-examine, and the magistrate decides whether there is sufficient evidence to commit the accused for trial. The record is sent to the Attorney General, who may frame an indictment. The inquiry has been shortened by amendments allowing the Attorney General to indict directly in some cases, and proposals to abolish it altogether have been discussed for years.
Summary trial and trial on indictment
In a summary trial the magistrate frames the charge, records the plea, hears the prosecution and defence evidence and delivers judgment. Most Penal Code offences and almost all offences under regulatory statutes are tried this way. In the High Court the accused is arraigned on the indictment, pleads, and is tried by a judge or, for some offences, a jury of seven. At the close of the prosecution case the defence may submit that there is no case to answer. The accused may give evidence, make a statement from the dock or remain silent.
Sentencing follows conviction. The court may impose imprisonment, a fine, a suspended sentence, probation or community-based corrections, within the limits set by the Penal Code or the offence-creating statute.
Appeals and revision
A conviction or sentence in the Magistrate's Court is appealed to the Court of Appeal, and now in many provinces to the Provincial High Court, within fourteen days. A High Court conviction is appealed to the Court of Appeal within fourteen days, and from there, with leave, to the Supreme Court. The Attorney General may also appeal against an acquittal or a sentence. The Court of Appeal's revisionary powers under the Judicature Act allow it to correct serious errors where no appeal lies.
Victims and witnesses
The Assistance to and Protection of Victims of Crime and Witnesses Act, first enacted in 2015 and replaced by a new Act in 2023, gives victims the right to be heard, to protection and to compensation, and allows evidence to be given through video link in some cases. Compensation to victims can also be ordered under the Code itself.
Researching criminal procedure with Lex
Procedural points are decided on the wording of the section and the latest appellate rulings, which change often. Ask Lex a question such as "when can a magistrate refuse bail" or "what is the time limit to appeal a Magistrate's Court conviction" and open the section and the judgments it cites. See also the Constitution guide for the rights that apply on arrest.
Questions and answers
What is the Criminal Procedure Code of Sri Lanka?
The Code of Criminal Procedure Act No. 15 of 1979 is the statute that governs the investigation, prosecution and trial of criminal cases in Sri Lanka. It covers arrest, police investigation, bail, non-summary inquiries, summary trials in the Magistrate's Court, trials on indictment in the High Court, sentencing and appeals.
How long can police hold a suspect in Sri Lanka before court?
Under the Code of Criminal Procedure and Article 13 of the Constitution, a person arrested must be produced before a magistrate within twenty-four hours, excluding travel time. Longer periods of detention are only possible under special statutes such as the Prevention of Terrorism Act.
What does the Bail Act of Sri Lanka say?
The Bail Act No. 30 of 1997 provides that bail is the rule and refusal the exception. The Magistrate's Court may grant bail for most offences, while bail for offences punishable with death or life imprisonment is granted by the High Court. Bail may be refused where the suspect is likely to abscond, interfere with witnesses or evidence, or reoffend, and a suspect generally cannot be held for more than twelve months without a High Court order.
What is a non-summary inquiry?
A non-summary inquiry is a preliminary inquiry held in the Magistrate's Court for offences that must be tried in the High Court. The magistrate records the prosecution evidence and decides whether there is enough to commit the accused for trial, after which the Attorney General may file an indictment.
This guide is general information, not legal advice. Last updated 6 October 2026.