The development of laws related to the disposal of forensic patients in Sri Lanka: A historical review

The current laws in Sri Lanka on the disposal and discharge of mentally ill defendants and offenders (forensic patients) are more than 150 years old. These statutes are found in Chapter 31 of the Code of Criminal Procedure Act 1979 (sections 374 to 386). This article explores the historical development of these statutes. Apart from some changes in wording, the current laws are identical to similar provisions contained in the first Indian Code of Criminal Procedure of 1861. Prior to the adoption of the Indian Criminal Procedure Code, early disposal laws in British Ceylon were influenced by similar British laws that resulted from the famous trial of James Hadfield in 1800. Although used in modern Sri Lanka, the laws in essence still reflect thinking of those who lived in the 19th century, when no effective treatment for mental illness existed and indefinite custodial detention was the norm.