The Constitution of Sri Lanka guarantees a multitude of fundamental human rights inherent to every citizen from birth. However, due to a lack of proper legal literacy and awareness, ordinary citizens often experience unnecessary fear, intimidation, or rights violations when interacting with the police or other security forces.
Any individual living in a democratic society must be well-informed of their legal rights during an arrest, detention, and interrogation. This comprehensive guide explains the entire legal process associated with an arrest, citizen rights, and the duties of police officers in a simple and detailed manner.
1. The Core Legal Foundation and the Constitution
The supreme and paramount law of Sri Lanka is the Constitution of the Democratic Socialist Republic of Sri Lanka (1978). Chapter III of the Constitution explicitly declares the Fundamental Rights (FR) of citizens. The primary article directly governing arrest and detention is Article 13:
- Article 13(1): No person shall be arrested except according to procedure established by law. Furthermore, any person arrested is entitled to be informed of the reason for their arrest.
- Article 13(2): Every person held in custody or otherwise deprived of personal liberty shall be brought before the judge of the nearest competent court (Magistrate) according to procedure established by law, and shall not be further detained in custody except upon the order of such judge.
- Article 13(3): The right to a fair trial and the right to be represented by an attorney-at-law are strictly guaranteed.
- Article 11: No person shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment. (This is the primary constitutional safeguard against physical assaults or torture during police or prison custody).
2. What Constitutes an “Arrest”?
Legally, an “Arrest” occurs when an individual’s personal liberty is restricted—either wholly or partially—and they are brought under the control or supervision of the law.
A common misconception is that an arrest requires the use of handcuffs. This is incorrect. The moment a police officer restricts a person’s freedom of movement by stating “you are detained” or “you cannot leave this spot,” that individual is considered arrested under the law.
In Sri Lanka, arrests primarily occur in two ways:
- Arrest with a Warrant: An arrest executed based on an official order issued by a court of law.
- Arrest without a Warrant: Arrests made regarding “Cognizable Offences” (serious crimes where the police have the authority to intervene without a warrant) as specified under the Code of Criminal Procedure.
3. Your Fundamental Rights Upon Arrest
If you or someone you know is arrested by a police officer, the following rights become applicable immediately. These are statutory rights that no officer can legally bypass or deny:
Right 1: The Right to Know the Reason for Arrest
At the exact moment of arrest, you have the full right to ask, “On what offense or accusation am I being arrested?” No person can be detained without being informed of the cause. If the arrest is based on a warrant, you have the right to request to see it.
Right 2: The Right to Verify Identity
If the arresting officer is not in uniform (i.e., in civilian clothing), you have the right to request to see their official Police ID. You should also ask for their name and the police station to which they are attached.
Right 3: The Right to Counsel
Under Sri Lankan law, an arrested person has the right to contact and receive advice from a lawyer of their choice from the moment of arrest. Once brought to the police station, you have the right to decline making any statement until a lawyer is present. According to regulations under the Police Ordinance, the police must facilitate access for a lawyer to visit a suspect in custody.
Right 4: The Right to Inform Family or Relatives
When being escorted to a police station, you have the right to request permission to contact a family member, relative, or friend via phone to inform them of your arrest and the specific police station you are being taken to.
Right 5: The Right to Silence
During interrogation, you have the right to remain silent and refuse to make statements that are self-incriminating or amount to an admission of guilt. Stating that you will only make a statement in the presence of your lawyer is completely lawful. Under the general law of Sri Lanka (specifically the Evidence Ordinance), confessions made to a police officer are inadmissible as evidence to prove guilt in a court of law.
Right 6: The Right to Physical Safety and Freedom from Torture
No officer has the legal authority to assault, threaten, or mentally torture you while in police custody. If any physical assault occurs, state it directly to the Magistrate when you are produced before court. The Magistrate will then order you to be examined by a Judicial Medical Officer (JMO).
Right 7: Specific Rights for Women
Special legal provisions apply when a woman is being arrested:
- A woman’s body can only be searched by a Woman Police Officer (WPC).
- Except under extraordinary and severe circumstances, women should generally not be arrested during the night (after sunset and before sunrise). If such an arrest is necessary, a female officer must be present.
4. Responsibilities and Legal Boundaries of Police Officers
The Code of Criminal Procedure mandates a specific set of procedures that the police must strictly follow when making an arrest and detaining a suspect.
- Responsibility 1: Minimizing Force: If a person does not attempt to flee or resist arrest, the police must not push, throw down, or physically abuse them. The law only requires touching or confining the body of the person to effect the arrest.
- Responsibility 2: Information Book (IB) Entries: Before leaving the police station to make an arrest, an entry must be made in the police logs. Similarly, upon returning with the suspect, a clear note detailing the time of arrival, the place of arrest, and any items seized from the suspect’s possession (cash, mobile phones, etc.) must be entered into the “In-Chief Entry” of the logbook or diary.
- Responsibility 3: Safeguarding Seized Property: An inventory of the belongings found on the suspect must be prepared. These items must be kept securely in police custody and accurately returned to the suspect upon release or when produced before court.
- Responsibility 4: Production Before a Magistrate Within 24 Hours: This is a critical legal obligation. Any person arrested without a warrant must be produced before the nearest Magistrate within 24 hours of the arrest. (This 24-hour rule is mandatory for offenses under the Penal Code, though exceptions exist for preventive detention orders under special legislation like the Prevention of Terrorism Act – PTA). Detaining someone beyond this period constitutes Wrongful Confinement.
5. Practical Advice: How Citizens Should Act Inside a Police Station
If you are taken to a police station, it is vital to remain calm and act intelligently:
- Stay Calm: Avoid unnecessary arguments or physical altercations with police officers. Doing so might give them grounds to file additional charges against you, such as “obstructing a public officer from executing their duty.”
- Giving a Statement: When the police record your statement, pay close attention to ensure they write exactly what you say. Do not let them alter the meaning of your words in Sinhala or Tamil.
- Read Before Signing: Once the statement is written, read it completely before signing. If you cannot read, request the officer to read it out loud. If anything you did not say is written, refuse to sign until it is corrected.
- Memorize Phone Numbers: It is always useful to memorize one or two phone numbers of a lawyer or a close family member. Since your mobile phone will be confiscated upon entering police custody, you will need to provide these numbers from memory.
6. Legal Remediation Against Rights Violations
If a police officer acts outside the established legal framework, arrests you unlawfully, or subjects you to torture while in custody, you have three powerful legal remedies available:
- Filing a Fundamental Rights (FR) Petition in the Supreme Court: Within 30 days of the incident, a lawsuit for the violation of fundamental rights can be filed in the Supreme Court of Sri Lanka against the responsible officers and the State. In such cases, the Supreme Court can order compensation to be paid to the victim from both State funds and the personal finances of the guilty officers.
- Complaining to the Human Rights Commission of Sri Lanka (HRCSL): You can lodge a written or in-person complaint immediately with the HRCSL. The Commission will conduct an independent inquiry and issue recommendations to the Inspector General of Police (IGP) to initiate disciplinary action against the errant officers.
- Filing a Private Complaint in the Magistrate’s Court: Under Section 136 of the Code of Criminal Procedure, a citizen has the right to file a private plaint in the local Magistrate’s Court against officers regarding physical assaults or illegal detention suffered while in police custody.
Summary
In a country governed by the Rule of Law, the powers vested in the police are not limitless. While the police possess the authority to arrest suspects, they are equally bound to protect the human dignity of citizens throughout the process.
“An informed citizen is the best guardian of a country’s law.”
Therefore, understand your rights thoroughly, and never hesitate to seek legal assistance without fear whenever an injustice occurs.
Global Human Rights Front (GHRF)
Helping you CHECK your rights. Standing for justice.
For free legal advice and guidance, contact us via our hotline or email at info@ghrfront.org.
