Amendment to Criminal Procedure Code passed

At about two minutes before midnight on Friday, January 28, the Criminal Procedure (Amendment) Code 2011 Act, which amends Section 69 of the Criminal Procedure Code, came into law, following a vote in Parliament.{{more}}

Section 69 of the Criminal Procedure Code has been amended by adding the following subsections:

“(2) Before any person institutes a private prosecution he shall obtain a fiat from the Director of Public Prosecutions.

(3) Unless the Director of Public Prosecutions grants a fiat referred to in subsection (2), no private prosecution shall be instituted.

(4) The Director of Public Prosecutions may request from the person who intends to institute a private prosecution or his counsel any or all evidence, statements or other material which the Director of Public Prosecutions, in his own absolute discretion, considers necessary in the circumstances.

(5) Nothing in this section shall be construed to curtail the powers of the Director of Public Prosecutions under any law including the power to give directions.

(6) A fiat referred to in this section is required from the Director of Public Prosecutions whether or not the commission of the alleged offence is before or after the commencement of this Act.”