The guiding principle of the Bail Act is that the grant of bail is the rule and the refusal to grant it the exception. What that means in a given case turns on four questions: which statute governs, how grave the offence is, whether it is bailable, and whether any of the four grounds in section 14 is engaged. Work through them below. Every answer carries the section it comes from.
Someone in custody now?
Section 37 of the Code of Criminal Procedure Act caps detention without a warrant at twenty-four hours, exclusive of the journey to the Magistrate — and separately forbids any period longer than is reasonable. The clock is already running.
Start here. The first thing that decides a bail question is not the offence but the stage — and, immediately after it, whether the Bail Act governs at all.
What this tool does
It states the statutory position.
Every answer carries its section of the Bail Act No. 30 of 1997, with the Act’s own words where they matter. Where a proposition could not be confirmed against a clean copy of the primary text — whether the section 17 extensions are capped in the aggregate as well as at three months at a time — the tool says so rather than filling the gap.
What it does not do
It does not predict an outcome.
Whether a court has reason to believe one of the four grounds is a question about evidence, about the B report, about sureties, about what is said in open court on the day — and about how it is argued. Nothing here tells you whether bail will be granted in a particular case, and nothing here is advice on one. If someone is in custody, instruct an attorney rather than work through a web page.
Every answer this tool can give
The Act, section by section.
Eleven answers, each with the provision it rests on and the qualification a careful reading adds. If you already know which branch you are in, read it here.
The Bail Act does not apply
Outside the Bail Act entirely — PTA and Public Security Ordinance offences
Section 3(1) excludes from the Act any person accused, suspected or convicted of an offence under the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979, under regulations made under the Public Security Ordinance, or under any other written law which makes express provision for release on bail. The guiding principle in section 2, the entitlement in section 4 and the grounds in section 14 do not govern. The special statute does.
Statutory basis
Bail Act No. 30 of 1997, s. 3(1)
Nothing in this Act shall apply to any person accused or suspected of having committed, 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.
Bail Act, s. 3(2)
A reference in any written law to a bail provision of the Code of Criminal Procedure Act No. 15 of 1979 is deemed, from the commencement of this Act, to be a reference to the corresponding provision in this Act.
The qualification: This is the branch where general guidance is worth least. The applicable regime turns on the precise provision charged and on the regulations in force at the time. Take advice on the specific charge.
Special statutory regime
High Court, or the Court of Appeal, in exceptional circumstances — offences under ss. 54A, 54AA and 54B
The Ordinance makes its own provision for bail, which is what takes the matter outside the Bail Act under section 3(1). Section 83 was substituted by Act No. 41 of 2022 and amended again by Act No. 7 of 2026, which added the section 54AA offence committed on the high seas. As it now stands, a person suspected or accused under sections 54A, 54AA or 54B may be granted bail by the High Court only in exceptional circumstances. Where the pure quantity of morphine, cocaine, heroin or methamphetamine is ten grammes or above, as certified by the Government Analyst, and the offence carries death or life imprisonment, only the Court of Appeal may grant bail. Below that quantity the High Court retains the power. In a serious drug case the first question is therefore which court can hear the application at all.
Statutory basis
Poisons, Opium and Dangerous Drugs Ordinance, s. 83 (substituted by Act No. 41 of 2022, amended by Act No. 7 of 2026)
Bail for an offence under ss. 54A, 54AA or 54B may be granted by the High Court only in exceptional circumstances; where the certified pure quantity is ten grammes or above and the offence carries death or life imprisonment, only the Court of Appeal may grant it.
Bail Act No. 30 of 1997, s. 3(1)
Nothing in this Act shall apply to any person accused … of an offence under … any other written law which makes express provision in respect of the release on bail.
The qualification: Section 83 has been rewritten twice in four years. This states the position after Act No. 7 of 2026, which touches ss. 54AA, 54B, 78, 83, 84, 85, 86 and 87, but it is carried forward from earlier verification rather than re-confirmed against a full copy of the Ordinance. Confirm the current text, and the certified quantity, before relying on either limb.
Only a Judge of the High Court may grant bail — offences punishable with death or life
Where the offence is punishable with death or with life imprisonment, section 13 reserves the power to a Judge of the High Court. A Magistrate cannot grant bail however strong the application, and the discretion in section 5 — which is expressly subject to section 13 — does not reach these offences.
Statutory basis
Bail Act No. 30 of 1997, s. 13
Shall not be released on bail except by a Judge of the High Court.
Bail Act, s. 5
Subject to the provisions of section 13, a person suspected or accused of … a non-bailable offence may at any time be released on bail at the discretion of the court.
Where an appeal lies
The application is made to the High Court. The section 14 grounds still apply to it, and reasons for a refusal must be recorded under section 15.
The qualification: The usual shorthand — 'bail is at the court's discretion' — is what section 5 says, but section 5 is expressly subject to section 13. Read alone it suggests a Magistrate's discretion extends to a capital offence. It does not.
Entitled to be released on bail — bailable offences
A person suspected or accused of a bailable offence is entitled to be released on bail, subject to the Act's other provisions. More than that: where the offence under investigation is bailable, the officer-in-charge is not required to produce the suspect before the Magistrate at all, and must release him within twenty-four hours on a written undertaking to appear before the Magistrate on a given date. The exception is where the officer considers that public reaction is likely to give rise to a breach of the peace, in which case the suspect must be produced and the Magistrate makes an order under section 7 or section 14.
Statutory basis
Bail Act No. 30 of 1997, s. 4
Shall, subject to the provisions hereinafter provided, be entitled to be released on bail.
Bail Act, s. 6(1)
Shall not be required to forward the suspect under its custody before the Magistrate … 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.
Bail Act, s. 6(1) proviso
Where the officer-in-charge considers public reaction likely to give rise to a breach of the peace, he must forward the suspect before the Magistrate.
Bail Act, s. 6(2), as amended by Act No. 7 of 2021
Failing to appear on the date given in the written undertaking is itself an offence. The fine was raised from one thousand rupees to fifteen thousand rupees.
The qualification: The entitlement is 'subject to the provisions hereinafter provided', and section 14(1) applies notwithstanding anything to the contrary in the preceding provisions. An entitlement under section 4 can still be refused on a section 14 ground.
Bail at the discretion of the court — non-bailable offences
A person suspected or accused of a non-bailable offence may at any time be released on bail at the discretion of the court. 'Non-bailable' does not mean bail cannot be granted — it means there is no entitlement to it. The discretion is exercised against the section 2 principle that granting bail is the rule and refusing it the exception, and it is expressly subject to section 13.
Statutory basis
Bail Act No. 30 of 1997, s. 5
Subject to the provisions of section 13, a person suspected or accused of … a non-bailable offence may at any time be released on bail at the discretion of the court.
Bail Act, s. 2
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.
The qualification: 'At any time' is doing real work in section 5. An application refused today is not the end: section 14(3) lets the court rescind or vary an order where there has been a change in the circumstances pertaining to the case.
The charge decides it, and the charge is on the papers — where the classification is not yet known
Whether an offence is bailable is not a matter of impression. It is fixed by the statute creating the offence and by the schedule to the Code of Criminal Procedure Act No. 15 of 1979. The section charged appears on the B report the police file and on the charge sheet, and it is the first thing an attorney reads. Until it is known, nothing below section 3 of the Bail Act can be answered.
Statutory basis
Code of Criminal Procedure Act No. 15 of 1979, First Schedule, column 5
Column 5 of the First Schedule to the Code states, offence by offence, whether the offence is bailable or non-bailable.
Bail Act No. 30 of 1997, ss. 4 and 5
Section 4 confers the entitlement for a bailable offence; section 5 confers the discretion for a non-bailable one.
The qualification: If someone is in custody now, the twenty-four hour limit under section 37 of the Code of Criminal Procedure Act is already running, and it is a ceiling rather than a permitted period. This is a moment to instruct, not to research.
Bail may be refused, and reasons must be recorded — the four grounds for refusal
Where the court has reason to believe one of the four grounds, it may refuse bail notwithstanding anything to the contrary in the preceding provisions of the Act — which is what allows section 14 to override a section 4 entitlement. On refusing, the court may order the suspect or accused to be committed to custody. It must record its reasons. A refusal is not permanent: the court may at any time rescind or vary the order where satisfied there has been a change in the circumstances pertaining to the case.
Statutory basis
Bail Act No. 30 of 1997, s. 14(1)(a)–(b)
Notwithstanding anything to the contrary in the preceding provisions of this Act, the court may refuse where it has reason to believe the person (a)(i) would not appear to stand his inquiry or trial; (a)(ii) would interfere with the witnesses or the evidence against him or otherwise obstruct the course of justice; (a)(iii) would commit an offence while on bail; or (b) that the particular gravity of, and public reaction to, the alleged offence may give rise to public disquiet.
Bail Act, s. 14(2)
The court may order such suspect or accused to be committed to custody.
Bail Act, s. 14(3)
The court may at any time rescind or vary an order made under subsection (1) where satisfied there has been a change in the circumstances pertaining to the case.
Bail Act, s. 15
Reasons must be recorded for such refusal, cancellation or rescission or variation as the case may be.
The qualification: There are four grounds and no others. A refusal resting on something outside section 14(1) — the strength of the prosecution case, the accused's record, the volume of publicity as such — is a refusal on a ground the Act does not give, and section 15 requires the reasons to be on the record where they can be tested.
The rule applies: bail should be granted — where no ground is engaged
Where none of the four section 14 grounds is engaged, the guiding principle governs — the grant of bail is the rule and refusal the exception. Bail may be given on an undertaking to appear, on the person's own recognisance, on a bond with one or more sureties, on the deposit of a reasonable sum determined by the court, or on reasonable certified bail. A person who appeared on summons rather than under arrest must be released on his own recognisance or on an undertaking, unless the court records reasons for doing otherwise.
Statutory basis
Bail Act No. 30 of 1997, s. 2
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.
Bail Act, s. 7(1)(a)–(e)
Release on an undertaking to appear; on his own recognisance; on a bond with one or more sureties; on depositing a reasonable sum of money as determined by court; or on furnishing reasonable certified bail.
Bail Act, s. 7(1) proviso
He shall be enlarged on his own recognisance or on his giving an undertaking to appear when required, unless for reasons to be recorded, the court orders otherwise.
Bail Act, s. 7(2)
Where any person is required to execute a bond under paragraph (c) of subsection (1), the court may permit a money deposit instead.
The qualification: The principle is a direction to the court, not a guarantee to the applicant. How the four grounds are argued on the facts is the whole of the work, and the answer here is the statutory position rather than a prediction about any particular application.
Section 21
Anticipatory bail, before the arrest — before an arrest is made
A person with reason to believe he may be arrested over a non-bailable offence may apply to the Magistrate having jurisdiction over the area where the offence is alleged to have been committed, giving notice to the officer-in-charge of the police station for that area. The application must be supported by an affidavit made by the applicant. The court must forthwith fix a date of inquiry, and that date may not in any event be later than seven days from the date of the application.
Statutory basis
Bail Act No. 30 of 1997, s. 21(1)
A person with reason to believe he may be arrested over a non-bailable offence may, with notice to the officer-in-charge of the police station of the area where the offence is alleged to have been committed, apply to the Magistrate having jurisdiction over that area.
Bail Act, s. 21(2)
Shall be accompanied by an affidavit made by the applicant.
Bail Act, s. 21(3)
Which date shall not in any event be later than seven days from the date of the application.
Bail Act, s. 21(4)
On the inquiry date the court hears the applicant personally or by his attorney-at-law, and the officer-in-charge if he is present, and makes its order recording reasons.
The qualification: Section 21(4) hears the officer-in-charge 'if he is present'. The inquiry is not defeated by his absence, which matters when the seven days are running.
Section 16
Twelve months is the outer limit on pre-conviction custody — the limit on pre-conviction custody
Unless a person has been convicted and sentenced, he shall not be detained in custody for a period exceeding twelve months from the date of his arrest. The exception is section 17: on an application by the Attorney-General, the High Court may order detention beyond twelve months for good and sufficient reasons that shall be recorded. Any period so ordered is capped at three months at a time.
Statutory basis
Bail Act No. 30 of 1997, s. 16
No person shall be detained in custody for a period exceeding twelve months from the date of his arrest — subject to section 17.
Bail Act, s. 17
On application made in that behalf by the Attorney General … may, for good and sufficient reasons that shall be recorded, order that a person … be detained in custody for a period in excess of twelve months.
Bail Act, s. 17 proviso
The period of detention ordered under this section shall not in any case exceed three months.
The qualification: Whether the extensions are capped in the aggregate, as well as at three months at a time, could not be confirmed from the copy of section 17 used for this page — the proviso was truncated in the text. Confirm the aggregate position against a clean copy before relying on it.
Section 14(1)
A subsisting order can be cancelled, but not without a hearing — cancelling, rescinding or varying an order
On the application of a police officer, the court may cancel a subsisting bail order — but only after issuing notice on the person concerned and hearing him, personally or through his attorney-at-law. Reasons must be recorded. The same section works the other way: where the circumstances pertaining to the case have changed, the court may at any time rescind or vary an order it made, including a refusal.
Statutory basis
Bail Act No. 30 of 1997, s. 14(1)
Upon application being made in that behalf by a police officer, and after issuing notice on the person concerned and hearing him personally or through his attorney-at-law, cancel a subsisting order.
Bail Act, s. 14(3)
The court may at any time rescind or vary an order made under subsection (1) where satisfied there has been a change in the circumstances pertaining to the case.
Bail Act, s. 15
Reasons must be recorded for such refusal, cancellation or rescission or variation as the case may be.
The qualification: Notice and a hearing are conditions of the power, not courtesies. An order cancelled without them is open to challenge on that ground alone.
For a bailable offence, yes: section 4 of the Bail Act No. 30 of 1997 entitles a person suspected or accused of a bailable offence to be released on bail, subject to the Act's other provisions. For a non-bailable offence there is no entitlement, but bail may still be granted at the court's discretion under section 5. Across the whole Act the guiding principle in section 2 is that the grant of bail is the rule and the refusal to grant bail is the exception.
On what grounds can a court refuse bail in Sri Lanka?+
Four, and no others, under section 14(1) of the Bail Act. The court may refuse if it has reason to believe the person would not appear to stand his inquiry or trial; would interfere with the witnesses or the evidence against him or otherwise obstruct the course of justice; would commit an offence while on bail; or that the particular gravity of, and public reaction to, the alleged offence may give rise to public disquiet. Section 14(1) applies notwithstanding anything to the contrary in the preceding provisions, which is what allows it to override the section 4 entitlement. Section 15 requires the court to record its reasons.
Who can grant bail for murder in Sri Lanka?+
Only a Judge of the High Court. Section 13 of the Bail Act provides that a person accused of an offence punishable with death or with life imprisonment shall not be released on bail except by a Judge of the High Court. A Magistrate has no power to grant it, and the discretion in section 5 is expressly subject to section 13.
How long can you be held in custody before trial in Sri Lanka?+
Twelve months from the date of arrest, unless the person has been convicted and sentenced. Section 16 of the Bail Act sets that limit, subject to section 17, under which the Attorney-General may apply to the High Court for an order extending detention for good and sufficient reasons that must be recorded. Any period ordered under section 17 is capped at three months at a time.
Can you apply for bail before being arrested in Sri Lanka?+
Yes. Section 21 of the Bail Act allows a person with reason to believe he may be arrested over a non-bailable offence to apply to the Magistrate having jurisdiction over the area where the offence is alleged to have been committed, with notice to the officer-in-charge of the police station for that area. The application must be supported by an affidavit, and the court must fix an inquiry date that may not in any event be later than seven days from the date of the application.
Does the Bail Act apply to all offences in Sri Lanka?+
No. Section 3(1) excludes any person accused, suspected or convicted of an offence under the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979, under regulations made under the Public Security Ordinance, or under any other written law which makes express provision for release on bail. Drug offences under sections 54A, 54AA and 54B of the Poisons, Opium and Dangerous Drugs Ordinance fall into that last category: section 83 of the Ordinance allows the High Court to grant bail only in exceptional circumstances, and where the certified pure quantity is ten grammes or above and the offence carries death or life imprisonment, only the Court of Appeal may grant it.
What forms can bail take in Sri Lanka?+
Five, under section 7(1) of the Bail Act: an undertaking to appear; release on the person's own recognisance; a bond with one or more sureties; the deposit of a reasonable sum of money as determined by the court; or reasonable certified bail. A person who appeared on summons rather than under arrest must be released on his own recognisance or on an undertaking, unless the court records reasons for ordering otherwise.
In accordance with Supreme Court Rules 1988, this tool is provided for informational purposes only. It states what the Bail Act No. 30 of 1997 provides; it is not legal advice, it is not a prediction about any application, and no lawyer–client relationship arises from its use. AW Chambers maintains this repository as a public utility to support legal literacy.
