Sri Lanka is moving toward a significant modernization of its judicial system, with the government proposing landmark amendments to the Civil Procedure Code that would allow witnesses to give evidence before courts through live audio-visual links. The proposed legislation, known as 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. If passed, the bill would mark a transformative shift in how testimony is gathered and presented in Sri Lankan courts, bringing the island nation's legal framework closer in line with international standards and modern technological realities.
What the Bill Proposes
At the heart of the proposed legislation is a straightforward but far-reaching change: witnesses would be permitted to give evidence remotely through live audio-visual links rather than being required to appear physically in a courtroom. Crucially, this provision would extend to individuals located outside Sri Lanka, meaning that witnesses residing or traveling abroad would no longer need to return to the country solely to provide testimony in civil proceedings. This amendment addresses a long-standing challenge faced by litigants, legal practitioners, and courts alike — the logistical and financial burden of securing the physical presence of witnesses, particularly those based overseas. The bill represents a practical acknowledgment that geography should not be a barrier to justice in an increasingly interconnected world.
Why This Amendment Matters
The significance of this legislative proposal cannot be overstated. Sri Lanka has a substantial diaspora population spread across countries including the United Kingdom, Australia, Canada, and several Middle Eastern nations. In many civil cases — ranging from property disputes and inheritance matters to commercial litigation — key witnesses are often found abroad. Under the current framework of the Civil Procedure Code, compelling such individuals to appear in person is not only expensive but sometimes practically impossible. Cases have historically been delayed for months or even years simply because a critical witness could not travel to Sri Lanka. The proposed amendment would directly address this bottleneck, potentially accelerating the resolution of thousands of pending civil cases and reducing the burden on an already stretched judicial system.
Remote Testimony and Global Legal Trends
Sri Lanka's move aligns with a broader global trend that gained significant momentum during and after the COVID-19 pandemic. Courts in countries such as the United Kingdom, Australia, Singapore, and India have already adopted provisions for remote testimony, recognizing that live audio-visual technology can preserve the integrity of witness examination while removing unnecessary physical barriers. In many jurisdictions, remote testimony has proven to be not only effective but also more efficient, reducing costs for all parties involved and enabling courts to manage their dockets more effectively. Sri Lanka's proposed amendment signals that the country's legal establishment is ready to embrace these developments and adapt its procedural laws accordingly.
Safeguards and Integrity of Proceedings
One of the primary concerns surrounding remote testimony is the potential impact on the integrity of court proceedings. Critics of such systems often point to challenges in verifying the identity of witnesses, ensuring they are not being coached in real time, and maintaining the solemnity and formality that courtroom proceedings demand. However, proponents argue that with appropriate technological safeguards and procedural rules, these risks can be effectively managed. It is expected that the bill, when debated in parliament, will address these concerns through specific provisions governing how remote testimony sessions are to be conducted, monitored, and recorded. Legal experts anticipate that regulations will require secure, verified connections and may mandate the presence of a designated official at the remote location to oversee the process.
Implications for Civil Justice in Sri Lanka
The practical implications of this bill for civil justice in Sri Lanka are wide-ranging. For ordinary citizens involved in civil disputes, the amendment could mean faster case resolutions and reduced legal costs. For businesses engaged in commercial litigation, the ability to call overseas witnesses without prohibitive expense could level the playing field and encourage greater confidence in Sri Lanka's legal system as a venue for resolving disputes. Legal practitioners, too, stand to benefit from a more flexible procedural environment that allows them to build stronger cases without being hampered by witness availability constraints.
Next Steps for the Legislation
The publication of the bill in the Gazette is a preliminary step in the legislative process. The Civil Procedure Code (Amendment) Bill will need to be presented before Parliament, debated, and passed before it becomes law. Legal stakeholders, bar associations, and civil society groups are expected to weigh in during this process, offering recommendations on how the framework can be strengthened. Given the broad consensus in the legal community about the need for procedural modernization, the bill is anticipated to receive considerable support, though the details of its implementation will require careful deliberation.
Sri Lanka's proposed amendment to allow remote witness testimony represents a meaningful step forward in the country's ongoing efforts to reform and modernize its judicial system. By harnessing the power of live audio-visual technology, the government aims to make civil justice more accessible, efficient, and responsive to the realities of a globalized world — a goal that ultimately benefits every citizen who seeks recourse through the courts.