Courts in Sri Lanka have statutory powers to take legal action against individuals who abscond or conceal themselves to evade the execution of arrest warrants, including the attachment of their movable and immovable property under the Code of Criminal Procedure Act No. 15 of 1979, police said.
Under Section 60 of the Code of Criminal Procedure, where a court has reason to believe that a person against whom a warrant has been issued has absconded or is concealing themselves so that the warrant cannot be executed, the court may issue a written proclamation requiring the person to appear at a specified place and time. The date fixed for appearance must be at least 30 days from the date of issuing the proclamation.
If the person fails to appear before court in accordance with the proclamation, Section 61 empowers the court to order the attachment of property belonging to the proclaimed person. The provision covers both movable and immovable property and forms part of the legal measures available to courts to ensure that individuals cannot indefinitely evade judicial proceedings by remaining in hiding.
The law also provides procedures for giving public notice of such proclamations, including displaying or publishing the relevant notice in locations connected to the person's residence and the court concerned. These procedures are intended to provide formal notice before further measures are taken against an absconding person.
The provisions underscore the authority available to Sri Lankan courts when dealing with persons who deliberately evade the execution of warrants. However, the attachment of property is subject to the statutory procedures and court orders prescribed by law and is not an automatic consequence of an arrest warrant.
The Code of Criminal Procedure has also been subject to subsequent amendments, meaning that individual cases must be considered according to the law currently in force and the specific circumstances and orders of the relevant court.
