The government has proposed amendments to the Civil Procedure Code to allow witnesses to give evidence before courts through live audio-visual links, including from locations outside Sri Lanka.
The Civil Procedure Code (Amendment) Bill was published in a Gazette supplement dated October 16, 2026, on the order of the Minister of Justice and National Integration.
Under the proposed amendments, courts would be empowered to permit witnesses to testify remotely through video links with the consent of all parties, on an application by a party to the case or on the court’s own initiative.
In deciding whether to allow remote testimony, courts would be required to consider any objections raised by the parties or the witness and ensure that the arrangement does not prejudice the fairness of the proceedings.
The Bill also provides for witnesses residing overseas to give evidence without returning to Sri Lanka. Courts could appoint diplomatic officers attached to Sri Lankan embassies, high commissions or consulates to facilitate the examination of such witnesses.
Where Sri Lankan diplomatic representation is unavailable, the court could appoint another suitably qualified person, including a legal practitioner or notary, for the purpose.
The proposed amendments would also enable courts, subject to specified safeguards, to allow a witness abroad to give evidence without appointing a commissioner.
Special provisions have been proposed for witnesses who are unable to attend court due to illness or physical disabilities. Such witnesses could be permitted to give evidence from their homes or another suitable location.
The Bill also sets out safeguards relating to the identification of witnesses, confidentiality, electronic recording of testimony and the prevention of unauthorised recordings.
Evidence given through audio-visual technology would have the same legal status as evidence given physically in court. Witnesses giving evidence remotely would therefore remain subject to laws relating to perjury and contempt of court.
Courts would also be empowered to suspend or postpone proceedings where technical problems disrupt the audio-visual connection.
The proposed amendments are aimed at modernising the examination of witnesses and reducing the need for witnesses, particularly those living overseas or unable to travel due to health or physical limitations, to appear physically before court.
However, the legislation is still at the Bill stage and must be approved by Parliament before becoming law. The substantive provisions would come into operation on a date to be appointed by the Minister by Gazette notification.