Practice Relating to Rule 100. Fair Trial Guarantees
Section N. Non bis in idem
Sri Lanka’s Prisons Ordinance (1878), as amended to 2005, states:
OFFENCES IN RELATION TO PRISONS
87. (1) Any jailer or subordinate prison officer charged with ill-treating a prisoner, … may be dealt with in accordance with the regulations for the time being in force relating to the dismissal or other punishment of public officers,
(2) Every jailer or subordinate prison officer, who ill-treats a prisoner[,] … shall be guilty of an offence and may, where he is not in the discretion of the Commissioner-General [dealt] with under subsection (1), be prosecuted in the Magistrate’s Court …
(3) No person shall be punished both under subsection (1) and under subsection (2) for the same offence.
This article applies to persons deprived of their liberty under Sri Lanka’s Emergency Regulations (2005) pursuant to section 19 of these regulations.
Sri Lanka’s Code of Criminal Procedure (1979), taking into account amendments up to 2006, states:
(1) A person who has once been tried by a court of competent Jurisdiction for an offence and convicted or acquitted of such offence shall while such conviction or acquittal remain in force not be liable to be tried again for the same offence nor on the same facts for any other offence for which a different charge from the one made against him might have been made under section 176 [cases of doubt as to what offence has been committed] or for which he might have been convicted under section 177 [cases when a person charged with one offence may be convicted of different offence].
(2) A person acquitted orconvicted of any offence may be afterwards tried for any distinct offence for which a separate charge might have been made against him on the former trial under subsection (1) of section 175.
(3) A person convicted of any offence constituted by any act causing consequences which together with such act constituted a different offence from that of which he was convicted may be afterwards tried for such last-mentioned offence, if the consequences had not happened or were not known to the court to have happened at the time when he was convicted.
(4) A person acquitted or convicted of any offence constituted by any acts may notwithstanding such acquittal or conviction be subsequently charged with and tried for any other offence constituted by the same acts which he may have committed, if the court by which he was first tried was not competent to try the offence with which he is subsequently charged.