Criminal Procedure Code (Amendment) Bill

This Act may be cited as the Criminal Procedure Code (Amendment) Act, 1970.

Sub-paragraph (iv) of paragraph (g) of section 263 of the Criminal Procedure Code (hereinafter in this Act referred to as “the Code”) is hereby amended —

Section 285 of the Code is hereby repealed and the following substituted therefor: —“Appeal to Judicial Committee

285. Nothing herein may or can take away or abridge the undoubted right and authority of the Judicial Committee of Her Britannic Majesty’s Privy Council (hereinafter referred to as the “Judicial Committee”) to admit or receive any appeal from any judgment, decree, sentence or order of any Appellate Court (within the meaning of section 2 of the Judicial Committee Act, 1966 (Act 37 of 1966)) in any criminal matter made by or on behalf of the Public Prosecutor or any person aggrieved thereby, subject to the provisions of section 3 of that Act.”.

Section 286 of the Code is hereby amended by deleting the word “President” appearing in the third and in the fourth lines thereof and substituting therefor in each case the words “Judicial Committee”.

The Code is hereby amended by deleting the words “INQUESTS AND” appearing in the heading to Chapter XXX.

Section 314 of the Code is hereby amended by deleting the definitions of “inquest” and “inquiry” appearing therein and substituting therefor the following: —“ “inquiry” means an investigation as to the cause of any death held by a Coroner;”.

Subsection (2) of section 318 of the Code is hereby deleted and the following substituted therefor: —“(2) The authorisation for burial under this section may be given by a Coroner at any time after he has viewed the body.”.

Section 319 of the Code is hereby amended —

Section 320 of the Code is hereby repealed and the following substituted therefor: —“Inquiry in case of person dying in institution or suffering capital punishment

320. An inquiry shall be held in every case of the death of a person detained in an institution or of a person who suffers capital punishment.”.

Section 321 of the Code is hereby repealed and the following substituted therefor: —“Power of Public Prosecutor to require inquiry to be held321.—

Section 322 of the Code is hereby amended —

Section 323 of the Code is hereby amended —

Section 324 of the Code is hereby amended —

The Code is hereby amended by deleting the words “Inquests and” appearing in the heading above section 327 thereof.

Sections 327, 328 and 329 of the Code are hereby repealed.

Section 330 of the Code is hereby amended —

Section 337 of the Code is hereby repealed and the following substituted therefor: —“Recording of finding of Coroner

337. After the whole of the evidence is closed and the statement or evidence of the accused person, if any, taken down, the Coroner shall record in writing his finding on the evidence.”.

Section 338 of the Code is hereby repealed.

Section 348 of the Code is hereby repealed.

Section 350 of the Code is hereby amended —

Section 351 of the Code is hereby amended —

Subsection (2) of section 352 of the Code is hereby amended by deleting the words “or jury” appearing in the second line thereof.

Subsection (1) of section 354 of the Code is hereby amended —

Schedule B to the Code is hereby amended —

The following provisions of the Code are hereby amended by deleting the words “inquest or”, “inquest or an” and “inquests and” wherever they appear therein: —Sections 317(3), 317(5), 318(1) and marginal note, 323 and marginal note, 326(2), 331(1), 332(2), 335, 339(1), 340, 341, 342 and marginal note, 343 and marginal note, 344 and marginal note, 345, 346, 347 and 353.