Arrest in Sri Lanka: What the Law Says About the Arrest, 24-Hour Rule and Remand

Last reviewed: October 2026. Arrest is one of the most serious points at which the criminal justice system affects a person’s liberty. Sri Lankan law contains procedural safeguards governing how an arrest is made, what the arrested person must be told, and what happens when a police investigation cannot be completed quickly.

1. The Constitution and the Criminal Procedure Code

Article 13(1) of the Constitution states that no person shall be arrested except according to procedure established by law and that a person arrested shall be informed of the reason for the arrest. Section 23(1) of the Code of Criminal Procedure Act, No. 15 of 1979 similarly requires the person making the arrest to inform the person arrested of the nature of the charge or allegation.

The Supreme Court has repeatedly treated this requirement as an important safeguard of personal liberty. The Court has also explained that the allegation should be communicated in a way the arrested person can understand; it does not necessarily require a lengthy technical charge at the instant of arrest.

2. What does section 23 say?

Section 23 deals with the manner of arrest. It requires actual touching or confinement unless the person submits to custody by words or conduct, and requires notification of the nature of the charge or allegation. The section also makes clear that disguising detention as something other than an arrest does not necessarily avoid the legal consequences of an arrest.

3. The 24-hour rule

Section 37 provides that a person arrested without a warrant should not be detained by a peace officer for more than a reasonable period, and that this period shall not exceed 24 hours, excluding the time necessary for the journey from the place of arrest to the Magistrate.

This is often misunderstood. The 24-hour rule does not mean that every suspect must be released after 24 hours. Where the investigation cannot be completed within the statutory period and the legal requirements are satisfied, section 115 provides a procedure for forwarding the suspect to the Magistrate with a report and seeking judicial detention for further investigation.

4. Remand is a judicial matter

Where further detention is sought, the Magistrate considers the statutory framework and the circumstances placed before the Court. The existence of an investigation does not itself create an unlimited police power to keep a person in custody.

Bail is governed principally by the Bail Act No. 30 of 1997, subject to statutory exceptions. Whether bail is available, on what terms and before which authority depends on the offence and the applicable law.

5. Practical steps for a person arrested

• Stay calm and do not physically resist lawful arrest.
• Ask what allegation or offence is being relied upon.
• Note the time and place of arrest.
• Inform a family member or trusted person where reasonably possible.
• Seek advice from an Attorney-at-Law promptly.
• Do not sign documents you do not understand.
• Preserve medical information and request medical attention when needed.

6. If a complaint is made to police

The Sri Lanka Police states that members of the public can make complaints and have the right to request an acknowledgment of a complaint made. The Police also operates online complaint channels, including the “Tell IGP” service.

7. Official legal sources

Ministry of Justice — Code of Criminal Procedure Act
LawNet — Code of Criminal Procedure PDF
Sri Lanka Police — Public Complaints
Sri Lanka Police — Tell IGP

FAQ

Does every arrest require a warrant?

No. The Code contains circumstances in which arrests may be made without warrant. The legality of a particular arrest depends on the statutory basis and facts.

Does 24 hours mean automatic release?

No. The rule concerns police detention without judicial intervention. Further detention may be sought from a Magistrate under the applicable law.

Can an arrested person ask why they are being arrested?

Yes. The legal framework expressly requires notification of the nature of the charge or allegation.