Speaker Jagath Wickramaratne endorsed the certificate on the Code of Criminal Procedure (Amendment) Bill in Parliament on Wednesday.

According to a Parliament statement, this Bill to amend the Code of Criminal Procedure Act No. 15 of 1979 was presented to Parliament for its first reading on 08 April 2025.

The second reading debate was held on 23 May 2025, after which the Bill was passed in Parliament following its third reading on 04 June 2025.

Accordingly, this Bill shall come into force as the Code of Criminal Procedure (Amendment) Act No. 7 of 2025.

The main provision of the Code of Criminal Procedure (Amendment) Act, No. 7 of 2025, is to modernize court proceedings by allowing suspects and accused persons to attend hearings remotely instead of in person. 

Magistrates and High Court judges can excuse physical attendance for reasons like threats to safety, public health emergencies, or quarantine. In such cases, the person must be represented by a lawyer and can join via live video and audio.

The Act also allows witnesses to testify remotely from anywhere, but requires physical appearance for first court appearances, claims of torture or human rights violations, or mental health concerns. 

It sets out procedures for remote hearings, including appointing commissioners, ensuring identification, and handling electronic documents and costs. The Act aims to digitize the criminal justice system while maintaining legal safeguards. (Newswire)

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The Cabinet of Ministers has approved proposals for amendments to the Code of Criminal Procedure and the Penal Code to ban physical and psychological injuries caused by physical punishments in any sector.

According to the government, approval of the Cabinet was granted at their meeting held in April 2024 to amend the Code of Criminal Procedure Act No. 15 of 1979 to impose provisions to ban physical punishments in any sector causing physical injuries. 

As such, the Cabinet of Ministers granted approval to the proposal presented by the Minister of Justice to grant its policy approval of the current Cabinet to formulate the relevant draft bill with amendments for the purpose.

The government further stated that it has been scientifically proven that the physical and psychological injury caused to a child due to physical punishment is immense. 

Therefore, approval was granted at the meeting of the Cabinet of Ministers held in April 2024 to amend the penal code (19th Authority) so that provisions can be imposed to define penalties related to physical injury, as well as to ban injuries from physical punishments in any sector. 

Even though approval of the Cabinet of Ministers was granted to publish the draft bill of the  Penal Code (Amended) prepared by the Legal Draftsmen in the government gazette notification and submit the same to the Parliament, such action has not been carried out. 

Recognizing the requirement to legalize the said draft bill with immediate effect, the Cabinet of Ministers granted approval to the proposal by the Minister of Justice to publish the draft bill in the government gazette notification and thereafter submit the same to the Parliament for approval. (Newswire)

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A legal framework enabling virtual court appearances and remote testimony is being introduced under a new amendment to Sri Lanka’s criminal procedure, Justice Minister Harshana Nanayakkara said in Parliament today.

The Justice Minister made these comments during the Second Reading of the Code of Criminal Procedure (Amendment) Bill, which was taken up in Parliament today. 

The Amendment to the Bill will empower the Magistrate or the Judge of the High Court to record remote testimony of a witness by contemporaneous audio-visual linkage during the inquiry or trial in court, he said. The Judicial Service Commission and the Ministry of Justice have intervened to formulate the relevant provisions in this regard.

“This is a very common technique, without having to appear in person before the court, but through contemporary visual media. Even if you’re a young person today, what would you do if you had WhatsApp, video conferencing, or something like Skype? This was very common during the time of Zoom meetings. But our law had not changed. So the main thing in this Bill is, how do you give evidence through audio-visual media from a remote location without bringing a suspect or witness to court? This is a bill that has been created to address issues such as how to maintain its credibility,” he explained. 

Justice Minister Nanayakkara pointed out that the judges, especially during the COVID-19 pandemic, conducted cases through Zoom technology, taking into account the circumstances, even though there was no provision in the law.

“Today, we have brought all those things to a legal basis. Now, especially the lawyers and relevant people, need to understand that under Article 144, the requirement to appear in person before the court can be waived. This is for cases such as the extension of the detention period. We know that after remanding a suspect for two weeks, he must be brought back to court for remand. But after this bill, you can do it online. You can hear a bail application. Now you don’t have to come to court. If there is a request to be made in an investigation or a criminal case, there is no need to summon the suspect on that day,” he added. 

Nanayakkara also noted that unfortunate that the new provisions will also ensure the safety of witnesses, and help to avoid unfortunate events such as the recent courtroom assassination of underworld figure Ganemulla Sanjeewa. (Newswire)

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Cabinet approval has been granted for the Legal Draftsman to prepare the Criminal Procedure Code (Special Provisions) Draft Bill to ensure relief for certain persons accused of a crime. 

According to the government, the Code of Criminal Procedure (Amendment) Act No. 25 of 2024 was passed in Parliament in May 2024 so that judges can consider the period an accused spends in remand prison as a penalty before being convicted of the offence he/she is accused of. 

However, it has been recognized that there should be a mechanism to consider the period in the remand prison until the decision or the appeal decision is given since those who were declared guilty before passing the amended act are not entitled to relief under the amended act. 

Accordingly, the Cabinet approved the proposal presented by the Minister of Justice to issue directions to the Legal Draftsmen to prepare a bill to introduce a law of special provisions to implement powers entrusted with the President under Statute 34 of the Constitution so that necessary actions may be taken concerning such criminals. (Newswire)

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