Primary Courts in Sri Lanka

Role and Jurisdiction of Primary Courts in Sri Lanka

Primary Courts in Sri Lanka are lower courts that function as courts of first instance, handling both civil and criminal matters within their jurisdiction. Their primary function is to provide an accessible forum for the resolution of minor disputes and offenses at the grassroots level.

• There were seven designated Primary Courts located in Anamaduwa, Angunukolapelessa, Kandy, Mallakam, Pilessa, Wellawaya, and Wennappuwa.
• In areas without a dedicated Primary Court, Magistrate’s Courts exercise the jurisdiction of the Primary Courts.

Jurisdiction Details of Primary Courts in Sri Lanka

Civil Jurisdiction:

 The civil jurisdiction of Primary Courts is limited. The pecuniary limit is set at 1,500 rupees, and there are 36 categories of cases specifically excluded from their jurisdiction, making the civil role largely redundant in practice.

Criminal Jurisdiction:

 Criminal jurisdiction can be activated at the discretion of the minister through regulations, but it is not widely used due to procedural requirements. The Primary Courts’ Procedure Act outlines the types of punishments and procedures the court can impose, including fines, imprisonment, community service, and compensation.

Special Jurisdiction of Primary Courts in Sri Lanka – Section 66 Applications

The most practical and active use of Primary Courts is their special jurisdiction under Section 66 of the Primary Courts’ Procedure Act, which deals with disputes affecting land that may lead to a breach of peace. This jurisdiction is quasi-criminal and aims to prevent violence or disturbances pending a final decision by a civil court. The court does not decide on land title or possession rights but issues provisional orders to maintain peace.

Procedure and Appeals

• Cases are instituted in the Primary Court within whose jurisdiction the offense or dispute occurred.
• If the matter involves issues of title or interest in land that are more suitable for a district court, especially in 66 cases, the primary court judge can direct the case to district court or parties to file a relevant civil case before district court.
• Appeals from Primary Courts can be made to higher courts as stipulated by law.

Summary Table: Primary Courts at a Glance

Feature	Details
Status	Lower court, court of first instance
Locations	No. (There were seven curts in Anamaduwa, Angunukolapelessa, Kandy, Mallakam, Pilessa, Wellawaya, Wennappuwa)
Civil Jurisdiction	Limited, pecuniary cap of 1,500 rupees, many exclusions
Criminal Jurisdiction	Discretionary, not widely used
Special Jurisdiction	Section 66 (quasi-criminal, land disputes, breach of peace prevention)
Substitute Courts	Magistrate’s Courts (As no Primary Court exists)

Conclusion

Primary Courts serve as the foundational tier of the Sri Lankan judiciary for minor civil and criminal matters, with their most significant and practical function being the prevention of breaches of peace in land disputes. Their jurisdiction is defined by several statutes, including the Judicature Act and the Primary Courts’ Procedure Act, and is subject to ongoing legal reforms