EVIDENCE (SPECIAL PROVISIONS) ACT

Arrangement of Sections

1. Short title.

2. Application.

3. Casus omisus.

PART I

CONTEMPORANEOUS RECORDINGS

4. Contemporaneous recordings.

PART II

COMPUTER EVIDENCE

5. Computer Evidence.

PART III

GENERAL PROVISIONS

6. Affidavit Evidence.

NOTICE, ACCESS AND INSPECTION

7. Notice to have access to inspect.

ADMISSIONS

8. Admissions.

9. Presumption.

10. Offices.

11. Sinhala text to prevail in case of inconsistency.

PART IV

INTERPRETATIONS

12. Interpretation.

14 of 1995.

AN ACT to provide for the admissibility of audio visual recordings, and of information contained in statements produced by computers in civil and criminal, proceedings and to provide for matters connected therewith on incidental thereto.

[Date of Commencement: 31st July, 1995]

1. Short title.

This Act may be cited as the Evidence (Special Provisions) Act.

2. Application.

Notwithstanding anything contained to the contrary the Evidence Ordinance or any other written law the provisions of this Act shall be applicable in respect of any latter provided for herein.

3. Casus omisus.

(1) For the determination of any matter arising out of application of the provisions of this Act or incidental thereto and not provided for in this Act, the provisions of the Evidence Ordinance or any other law shall, where appropriate, and with suitable adaptations as the justice of the case may require, be adopted and applied.

(2) For the purpose of applying the provisions of the Evidence Ordinance or other law for the determination of any matter not provided for in this Act, the provisions relating to documents, or governing a like matter in the Evidence Ordinance or such other law shall with such suitable adaptations as the interests of justice may require, be adopted and applied in the case of a recording, reproduction, statement or other evidence admissible under this Act.

(3) Where it is not appropriate or practical to adapt and apply the provisions of the Evidence Ordinance or other law as aforesaid for the determination of any matter not provided for in this Act, the court may in the exercise of its inherent power, determine such matter by making such as the interests of justice may require.

PART I

Contemporaneous Recordings

4. Contemporaneous recordings.

(1) In any proceeding where direct oral evidence of a fact would be admissible, any contemporaneous recording reproduction thereof, tending to establish that fact shall admissible as evidence of that fact. If it is shown that—

(a) the recording or reproduction was made by the use of electronic or mechanical meant;

(b) subject to subsection (3) of this section, the recording or reproduction is capable of being played, replayed, displayed or reproduced in such a manner so as to make it capable of being perceived by the senses;

(c) at all times material to the making of the recording or reproduction the machine or device used in making the recording or reproduction, as the case may be, was operating properly, or if it was not, any respect in which it was not operating properly or out of operation, was not of such a nature as to affect the accuracy of the recording or reproduction;

(d) the recording or reproduction was not altered or tampered with in any manner whatsoever during or after the making of such recording or reproduction, or that it was kept in safe custody at all material times, during or after the making of such recording or reproduction and that sufficient precautions were taken to prevent the possibility of such recording or reproduction being altered or tampered with, during the period in which It was in such custody.

(2) If the conditions set out in subsection (1) are satisfied, the recording or reproduction shall be admissible in evidence or the fact recorded or reproduced, whether or not such fact was witnessed by any person.

(3) Where any recording or reproduction referred to in subsection (1)—

(a) cannot be played, replayed, displayed or reproduced in such a manner so as to make it capable of being perceived by the senses; or

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