EVIDENCE (SPECIAL PROVISIONS) ACT

Arrangement of Sections

1. Short title.

PART I

2. Child to testify without causing an oath or affirmation to be administered.

PART II

3. Insertion of new section 38A in Chapter 14.

4. Insertion of new section 163A in the principal enactment.

5. Sinhala text to prevail in case of inconsistency.

32 of 1999.

AN ACT to make provision for a court to receive Evidence of a child without causing an oath or an affirmation to be administered to such child; and to amend the evidence ordinance.

[Date of Commencement: 7th October, 1999]

PART I

1. Short title.

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

2. Child to testify without causing an oath or affirmation to be administered.

(1) Where a court is satisfied that a child is competent, as required by the Evidence Ordinance, to testify in any proceedings but is not able to understand the nature of an oath or an affirmation, the court may receive the evidence of administered such child without causing an oath or an affirmation to be administered to such child, and any unsworn testimony given by such child in such proceeding shall be deemed not to be inadmissible by reason only of the fact that such testimony was not given on oath or affirmation and the proceeding in which such testimony was given shall not be invalidated by reason only of the tact that such testimony was not given on oath or affirmation.

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