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Bengal Presidency - Section

Section 457 in Police Regulations, Bengal , 1943

457. Instruction to be given to Public Prosecutor in Sessions cases.

(a)In Sessions cases, when the reasons for commitment are not-fully and clearly stated, the Magistrate of the district or of the subdivision shall cause to be drawn up, for the guidance of the Public Prosecutor or other officer appointed to conduct the prosecution, a special memorandum containing a concise history of the case, and of the specific facts to which each witness will speak.
(b)This memorandum together with the case diaries, copies of the depositions and copies of the exhibits, etc., and the statement of the reasons for commitment shall be made over to the Public Prosecutor within seven days after commitment, and shall be returned at the close of the trial with such remarks as the prosecuting officer may wish to offer. The memorandum and case diaries shall be treated by the Public Prosecutor or other officer as confidential communications.
(c)The Superintendent shall frequently, in personal interview, satisfy himself that the Public Prosecutor receives all the aid that he needs to enable him to prosecute successfully. If the Public Prosecutor requires the presence of particular officers acquainted with the facts of the case, these officers shall be brought in. The Public Prosecutor shall be acquainted with the facts of the case in good time, so that if further evidence in his opinion is required upon any particular points, a reference may be made to the Magistrate with a view to its being obtained before the case comes on for trial.
(d)In all cases committed to the Sessions, whether from the sadar or outlying subdivisions the Court officer shall ascertain by personal communication with the Public Prosecutor whether the brief furnished him by the Magistrate is complete in all details, and, if not, he shall supplement it with any information that may be required.