After an arrest in Sri Lanka, ask the reason, say nothing until you have spoken to a lawyer, sign nothing you have not read, and count the hours: a person arrested without a warrant must reach a Magistrate within 24 hours, excluding travel time.
In a criminal case, the first day usually matters more than people expect. Decisions taken in the first 24 hours, about what to say, what to sign and whom to call, can affect everything that follows. This guide covers ordinary police arrests under the Code of Criminal Procedure Act No. 15 of 1979, the Bail Act No. 30 of 1997, the Evidence Ordinance and the Constitution. Arrests under the Prevention of Terrorism Act follow different rules.
What the arresting officer must do
Article 13(1) of the Constitution says that no person shall be arrested except according to procedure established by law, and that anyone arrested shall be informed of the reason. Section 23(1) of the Code supplies the procedure: the officer must touch or confine the person unless there is a submission to custody, and must tell the person the nature of the charge or allegation. The explanation to section 23(1) treats an unofficial detention as an arrest, so the 24-hour clock runs from the moment a person is in fact held.
Section 32(1) lists when a peace officer may arrest without a warrant, most often under paragraph (b): a person concerned in a cognizable offence, or against whom a reasonable complaint, credible information or a reasonable suspicion exists. Section 28 forbids more restraint than is necessary to prevent escape, and section 30 requires that a woman be searched only by another woman. Ask for the officer's name and station, and note the time.
However unfair an arrest feels, physically resisting or obstructing the police can be a separate offence and will make the situation worse. Section 23(2) permits reasonably necessary force against resistance, and section 183 of the Penal Code punishes obstructing a public servant with up to three months' imprisonment. Comply with lawful instructions, and keep your response measured.
The 24-hour rule and its exceptions
Section 37 of the Code says that a peace officer shall not detain a person arrested without a warrant for more than 24 hours, exclusive of the time needed for the journey to the Magistrate. Article 13(2) of the Constitution sits above it: every person held in custody shall be brought before the judge of the nearest competent court, and shall not be held further except on that judge's order. If a relative is held well beyond 24 hours without being taken to court, raise it with a lawyer promptly.
Three qualifications apply. The rule is written for arrests without a warrant. Parliament has repeatedly passed a time-limited special provisions Act (No. 15 of 2005, No. 42 of 2007 and No. 2 of 2013) allowing a Magistrate to extend police custody to 48 hours in aggregate for scheduled offences such as murder, rape and kidnapping. The 2007 and 2013 Acts ran for two years unless extended by ministerial order and required that the suspect have access to an Attorney-at-Law during the extended period; the 2005 Act contained neither provision. Whether any of them is in force at a given moment should be checked with counsel. And section 3(1) of the Bail Act excludes arrests under the Prevention of Terrorism Act; for those, section 28(1) of the Human Rights Commission Act requires notice to the Human Rights Commission within 48 hours.
Police bail or court bail
The Bail Act No. 30 of 1997 governs release. Section 2 states the guiding principle: the grant of bail is the rule and refusal the exception. A person suspected of a bailable offence is entitled to bail (section 4); for a non-bailable offence release is at the discretion of the court (section 5). Column 5 of the First Schedule to the Code says which offences are which.
For a bailable offence, release happens at the police station. Under section 6(1), not later than 24 hours after the suspect is taken into custody, the officer in charge must release them on a written undertaking to appear before the Magistrate on a given date, unless public reaction to the offence is likely to cause a breach of the peace. Failing to appear on that date is an offence under section 6(2).
For a non-bailable offence the police cannot release the suspect. The Magistrate decides, and for an offence punishable with death or life imprisonment only a High Court judge can grant bail (section 13). Section 14(1) lists the grounds for refusal: reason to believe the person would not appear, would interfere with witnesses or evidence, or would offend on bail, or that the gravity of and public reaction to the offence may cause public disquiet. Arrest and bail is covered separately and on when a court can refuse bail.
The first appearance before the Magistrate and remand
When the investigation cannot be completed within the 24 hours fixed by section 37, section 115(1) requires the officer in charge to forward the suspect to the Magistrate with a report of the case. A Magistrate satisfied that detention is expedient pending further investigation may, after recording reasons, authorise it by warrant for a total period of fifteen days and no more (section 115(2)). If proceedings have not been instituted by the end of that period the Magistrate may discharge the suspect or require a bond to appear when required. Section 120(1) requires the police to transmit the facts and the progress of the investigation at the end of the fifteen days and every fifteen days after that, and section 120(2) provides that detention ordered under section 115 runs in periods of fifteen days at a time. If the final report contains no allegation against the suspect the Magistrate must discharge them (section 120(3)).
The Code of Criminal Procedure (Amendment) Act No. 7 of 2025 inserted section 144A, allowing a Magistrate to dispense with a suspect's attendance at detention extensions and bail hearings on stated grounds. Section 144A(5) preserves the right to be represented by an Attorney-at-Law in court and provides for the suspect to take part over an audio-visual link. Section 144B(1)(a) bars that course at the first production from police custody where physical appearance is mandatory under the applicable written law. Section 16 of the Bail Act caps detention without conviction at 12 months from arrest, extendable by the High Court on the Attorney-General's application (section 17).
| Step | Time limit | Provision |
|---|---|---|
| Production before a Magistrate (arrest without warrant) | 24 hours plus journey time | Code, section 37; Article 13(2) |
| Police release on undertaking (bailable offence) | Within 24 hours | Bail Act, section 6(1) |
| Extended custody under a special provisions Act, where in force | 48 hours in aggregate | Act No. 2 of 2013, section 2 |
| Notice of a PTA arrest to the Human Rights Commission | Within 48 hours | HRC Act, section 28(1) |
| Detention pending investigation | Fifteen days in total | Code, section 115(2) |
| Police progress reports to the court | Every 15 days | Code, section 120(1) |
| Fundamental rights application | One month | Article 126(2) |
| Detention without conviction | 12 months, extendable | Bail Act, sections 16 and 17 |
Statements to the police and confessions
You are protected against being compelled to incriminate yourself, and anything you say can matter later. Section 110(1) of the Code lets an investigating officer examine orally anyone acquainted with the facts; the statement must be written down, read back or interpreted into a language the person understands, and signed. Section 110(2) makes the person bound to answer truly, other than questions which would tend to expose them to a criminal charge. That is the basis for declining an incriminating question, not a licence to say nothing at all.
What the prosecution cannot do is prove a confession made to the police. Section 25(1) of the Evidence Ordinance bars proof of any confession made to a police officer, and section 26(1) bars any confession made in police custody unless made in the immediate presence of a Magistrate. Section 24 makes a confession irrelevant if caused by an inducement, threat or promise from a person in authority. Two limits apply: under section 27, so much of a statement as leads distinctly to a discovered fact (where a weapon was hidden, for instance) may be proved, and a Magistrate may record a confession under section 127 of the Code after questioning the person and being satisfied that it was voluntary.
It is usually wiser to say very little until you have legal advice than to try to explain or argue your way out. Do not sign any statement you have not read and understood, or one in a language you are not comfortable with; section 110(1) entitles you to have it interpreted.
Calling a lawyer and asking for a medical examination
Early legal advice is when the options are widest. The Code does not spell out a general right to have an Attorney-at-Law present during police questioning, and practice varies; Article 13(3) of the Constitution guarantees representation at trial, and the special provisions Acts required access to a lawyer during any extended custody. A family member can instruct a lawyer at once, and the lawyer can appear at the first production.
Under section 122(1) of the Code the officer in charge may, with the person's consent, have them examined by a Government medical officer; where the person does not consent, section 122(2) allows an application to a Magistrate for an order. Article 11 of the Constitution prohibits torture, and section 43B of the Code, inserted by the Code of Criminal Procedure (Amendment) Act No. 14 of 2021, requires every Magistrate to visit each police station in the division at least monthly and record any complaint. Where torture is suspected the Magistrate may direct a medical examination, treatment, a change of custody and a police investigation. Tell the Magistrate at the first production if you have been assaulted, and ask for a medical examination on the record.
A fundamental rights application under Article 126 of the Constitution must be filed in the Supreme Court within one month of the infringement, by the person or by an Attorney-at-Law on their behalf, with leave from not less than two judges. Keep a record from the first day: what happened and when, who was present, and what was said.
What family should do and bring
A family member on the outside can help by instructing an attorney and gathering what will be needed for bail.
- The suspect's name as the police recorded it, the station, the time of arrest and the officers involved.
- The suspect's identity card and proof of address; a person released on bail must give the court an address for service (section 12(1) of the Bail Act).
- Details of one or two potential sureties, with identity cards, proof of address and evidence of income; section 10 of the Bail Act asks whether a surety can secure the suspect's attendance.
- Any prescribed medicines, with the prescription, and a note of any medical condition to raise with the police and the Magistrate.
What not to do
- Do not resist or struggle with the officers (section 23(2) of the Code; section 183 of the Penal Code).
- Do not sign a statement you have not read, or one that was not read back or interpreted to you as section 110(1) requires.
- Do not contact the complainant or witnesses; interference is a ground for refusing or cancelling bail under section 14(1)(a)(ii) of the Bail Act.
- Do not give a false address on release; that is an offence under section 12(2) of the Bail Act.
- Do not miss the date on a police undertaking or court bond; failure to appear is an offence under section 6(2).
Criminal defence and human rights covers first productions, bail applications and fundamental rights petitions. For the position before any arrest is made, see your rights if the police stop, search or question you.
