BAIL ACT

Arrangement of Sections

1.Short title.

2.Grant of bail to be the guiding principle in implementing this Act.

3.Provisions of this Act not to apply in respect of offences committed under certain laws.

4.Persons committing or concerned in the commission of a bailable offence to be released on bail.

5.Persons committing or concerned in the commission of non-bailable offence to be released at discretion of court.

6.Release of persons when a bailable offence is being investigated by the police.

7.Manner in which a person suspected or accused of a bailable or non-bailable offence may be released on bail.

8.Discharge from custody.

9.Power to order sufficient bail when that first taken is insufficient.

10.Determining whether a person is a sufficient surety.

11.Quantum of bond.

12.Person released to give address at which notices and process may be served on him.

13.No bail for an offence punishable with death except by a Judge of the High Court.

14.Reasons for which court may refuse bail or cancel a subsisting order for release.

15.Reasons to be given for refusal, cancellation, rescinding or varying an order relating to granting of bail.

16.No person to be detained for more than twelve months in custody.

17.How period of detention may be extended.

18.Discharge of sureties.

19.Appellant to be released on giving security.

20.Release on bail upon acceptance of appeal from High Court.

21.Anticipatory bail.

22.Conditions to be attached to order.

23.Effect of person released on anticipatory bail being thereafter arrested.

24.Conditions subject to which anticipatory bail may be granted.

25.A police officer may interrogate or arrest in a warrant an applicant in respect of whom an application under section 21 is pending.

26.Issuing of warrant requiring presence of persons released on anticipatory bail.

27.Provisions of this Act to prevail in case of conflict or inconsistency.

28.Sinhala text to prevail in case of inconsistency.

29.Interpretation.

30 of 1997.

AN ACT to provide for release on bail of persons suspected or accused of being concerned in committing or of having committed an offence; to provide for the granting of anticipatory bail and for matters, connected therewith or incidental thereto.

[Date of Commencement: 28th November, 1997]

1. Short title.

This Act may be cited as the Bail Act.

2. Grant of bail to be the guiding principle in implementing this Act.

Subject to the exceptions as hereinafter provided for in this Act, the guiding principle in the implementation of the provisions of this Act shall be, that the grant of bail shall be regarded as the rule and the refusal to grant bail as the exception.

3. Provisions of this Act not to apply in respect of offences committed under certain laws.

(1) Nothing in this Act shall apply to any person accused or inspected of having commited, or convicted of, an offence under, the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979, Regulations made under the Public Security Ordinance or any other written law which makes express provision in respect of the release on bail of persons accused or suspected of having committed, or convicted of, offences under such other written law.

(2) Where there is a reference in any written law to a provision of the Criminal Procedure Code Act, No. 15 of 1979 relating to bail, such reference shall be deemed, with effect from the date of commencement of this Act, to be a reference to the corresponding provision in this Act.

4. Persons committing or concerned in the commission of a bailable offence to be released on bail.

A person suspected or accused of being concerned in committing, or having committed a bailable offence, shall, subject to the provisions hereinafter provided, be entitled to be released on bail.

5. Persons committing or concerned in the commission of non-bailable offence to be released at discretion of court.

Subject to the provisions of section 3, a person suspected or accused of being concerned in committing, or having committed a non-bailable offence may at any time be released on bail at the discretion of the court.

6. Release of persons when a bailable offence is being investigated by the police.

(1) Where an offence being investigated by the police is a bailable offence, the officer incharge of the police station shall not be required to forward the suspect under its custody before the Magistrate having jurisdiction over such offence, but such officer shall not later than twenty four hours of the suspect being taken into custody, release him on a written undertaking and order such suspect to appear before the Magistrate on a given date:

Provided that where the officer incharge is of the opinion that public reaction to the alleged offence being investigated is likely to give rise to a breach of peace he shall forward the suspect in custody before a Magistrate having jurisdiction over such offence, and the Magistrate shall thereupon make an order under section 7 or section 14 as he may consider appropriate.

(2) A suspect released by an officer incharge of a police station on a written undertaking given by such suspect under subsection (1), who fails to appear before the Magistrate on the given date, shall be guilty of an offence under this Act and shall on conviction after summary trial, be punished with simple imprisonment for a term not exceeding six months or with a fine not exceeding one thousand rupees or with both such imprisonment and fine and the Magistrate shall in his discretion order the release of such suspect on bail subject to conditions as specified or remand him to custody, as the case may be.

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