Aug 12 (AHRC) The procedures that should be followed by the police in the investigations into crime are found in the Criminal Procedure Code of Sri Lanka (CPC). Ever since the British introduced the basic procedures for investigations of crime based on their own laws, basic elements of the Criminal Procedure have remained the same.
The Code of
Criminal Procedure Act No 15 of 1959 together with all the
amendments to this act is grounded on the same basic
principles of criminal justice. Basic law and procedure are
rooted in the traditions of common law.
Judging from the
large body of factual details, that have become available
through observations into the manner in which many cases are
being dealt with, serious doubt arises as to whether in
actual practice the Criminal Procedure Code has been
replaced by new set of rules adopted to suit the
conveniences of those involved, without any direct reference
to the procedures set out by law.
In this article we
concentrate on one aspect of criminal procedure - the
investigations into crime. The police as the prime
investigative agency are responsible for investigation into
What we observe is that in recent times, the
role of investigation is being replaced quite often by the
police acting as negotiators and not as investigators.
us take a case of a person complaining about abduction,
threat of assassination and robbery of valuables which were
in his possession. The task for the police if they were
acting under the provisions of the Criminal Procedure Code
is to record the statement of the complainant and to
investigate into all aspects of evidence available about
these complaints. The manner in which such evidence should
be collected and recorded have all been laid down in the CPC
and has been subjected to further elaboration by way of a
large body of case law.