Being arrested by the police is not something anyone expects or plans for. However, if it does ever occur, it is critical that you understand your legal rights and the applicable procedure, in order to protecting your freedoms and secure your legal position.
Common questions arise immediately: What are my rights? Can the police arrest me without a warrant? How long can I be held? Will I be granted bail?
This guide explains your core legal rights when arrested in Sri Lanka, how the police may lawfully arrest without a warrant, the applicable remand period, and how bail after arrest is determined under Sri Lankan law.
For further details, reference may be made to the Code of Criminal Procedure Act No. 15 of 1979 (CPC), the Bail Act No. 30 of 1997, the Constitution of the Democratic Socialist Republic of Sri Lanka, and established procedural principles applied by Sri Lankan courts.
This article is for general information only and does not constitute legal advice.
1. Police Arrest Rights in Sri Lanka: How it Works
Under Sri Lankan law, the police may arrest a person with or without a warrant, but only in clearly defined circumstances.
Arrest Without a Warrant (Cognisable Offences)
Police may arrest without a warrant for cognisable offences— serious offences listed in the First Schedule to the CPC. e.g. – theft, assault, robbery, or murder.
Even in these cases, police must act on reasonable suspicion supported by material facts. Arrest cannot be used merely as a tool of convenience or pressure.
Arrest With a Warrant (Non-Cognisable Offences)
A non-cognisable offence is a less serious offence where the police cannot arrest a person without prior court authorisation (a Magistrate must issue a warrant).
In regulatory, financial, and corporate investigations, arrests often occur at early investigative stages, making procedural compliance and bail strategy especially important.
2.Your Fundamental Rights When You Are Arrested
Once a person is arrested, constitutional and statutory safeguards apply immediately.
Right to Be Informed of the Grounds of Arrest
Police must promptly inform the arrested person of:
- the reason for the arrest, and
- the nature of the alleged offence,
in a language they understand (Article 13, Constitution).
Right to Legal Representation
An arrested person has the right to consult a lawyer at the earliest possible opportunity. Early legal intervention often determines whether bail is granted or whether that person will be unnecessarily remanded.
Right to Remain Silent
Apart from basic identification details, a person is not required to answer questions that may incriminate them. Any statement must be voluntary; statements (or confessions) obtained by inducement, threat or promise are inadmissible (Section 24-26 Evidence Ordinance).
Protection Against Torture or Ill-Treatment
Article 11 of the Constitution and the Convention Against Torture Act imposes an absolute prohibition on torture, and any treatment that is cruel, inhuman, or degrading. No exceptions.
Special Procedural Safeguards
- For Women: Any search must be conducted by a female officer with strict regard to decency (Section 30 CPC).
- Foreign nationals: Consular or embassy notification is required under international conventions observed by Sri Lanka.
3.Police Custody and the 24-Hour Rule
Police custody is strictly time-limited.
Under Sections 36 and 37 of the CPC and Article 13 of the Constitution:
- An arrested person must be produced before the nearest competent Magistrate within 24 hours, excluding reasonable travel time.
- Police cannot detain a suspect indefinitely for investigation.
Maximum Remand Period
If investigation cannot be completed within 24 hours, the Magistrate may authorise further detention (remand) for up to a total of 15 days under Section 115 CPC, based on police justification and progress reports. Remand is a judicial decision, not a police entitlement.
4.First Appearance Before the Magistrate
At first court appearance, the Magistrate must independently decide whether to:
- release the suspect,
- grant bail (with or without conditions), or
- remand the suspect for further investigation.
These issues typically arise at the initial court appearance, where complying with any and all statutory safeguards becomes a critical factor for individuals, executives, and organisations alike.
Courts are required to exercise independent judicial scrutiny and provide well-reasoned decisions, not merely approve police requests.
5.Bail After Arrest in Sri Lanka
The Bail Act No. 30 of 1997 establishes a clear principle: – “Bail is the rule. Remand is the exception.“
Bailable and Non-Bailable Offences
- Bailable offences: Bail is generally granted, sometimes even at a ‘police-station’ level.
- Non-bailable offences: Bail may still be granted by court, depending on the circumstances.
Anticipatory Bail (Pre-Arrest Bail)
Where a person reasonably fears arrest for a non-bailable offence, courts may entertain applications for pre-arrest bail (in anticipation). This relief is discretionary and highly fact-specific, therefore seeking legal advice early is essential.
Factors that the Courts Consider
Courts typically assess:
- the suspect’s risk of absconding,
- any potential interference with witnesses or evidence,
- the seriousness of the alleged offence,
- suspect’s health, age, and personal circumstances,
- the balance of proportionality between the suspect’s detention and the investigative necessity.
Common Bail Conditions
Bail may be granted subject to conditions such as:
- surrender of passport,
- regular reporting to police,
- restrictions on contacting witnesses or complainants,
- surety or cash bail.
6.2025–2026 Procedural Update
The Code of Criminal Procedure (Amendment) Act No. 7 of 2025 introduces audio-visual (remote) court appearances for suspects or accused persons in certain proceedings. This can speed up bail and remand hearings and reduce the need for physical transport, subject to legal safeguards.
7.Immediate Steps If You Are Arrested
If you or a family member is arrested:
- Stay calm and avoid confrontation.
- Ask clearly why the arrest is being made.
- Request to contact a lawyer or family member.
- Note everything — time of arrest, officers involved, any force used, witnesses.
- Do not sign statements under pressure.
- Ensure timely appearance before court.
Early legal intervention can and will materially affect bail outcomes and the trajectory of the case.
8.Remedies for Unlawful Arrest or Mistreatment
Sri Lankan law provides remedies where arrest or detention is unlawful, including:
- Fundamental Rights applications to the Supreme Court,
- Habeas corpus and judicial review proceedings,
- Complaints to the Human Rights Commission of Sri Lanka (HRCSL) if mistreatment or rights violations occur.
Courts have consistently held that investigative convenience cannot override a person’s constitutional liberty.
Conclusion
Being arrested does not mean someone is guilty. It is a procedural step governed by strict legal limits. Understanding arrest procedures, detention safeguards, and bail principles helps protect a person’s liberty and dignity, and helps them understand their legal position at a critical moment.
References
- Code of Criminal Procedure Act No. 15 of 1979
- Bail Act No. 30 of 1997
- Constitution of Sri Lanka
- HRCSL Guidelines No. 1 of 2025
- Legal Aid Commission
Prepared by the Research Team at AW Chambers
