Section 198(4)(b) in Criminal Courts

[Cites 0, Cited by 0] [Section 198(4)] [Section 198] [Entire Act]

State of Madhya Pradesh - Subsection

Section 198(4)(b) in Criminal Courts - Rules and Orders

(b)It is not always that a suspected or accused person gives information or makes the discovery. It sometimes happens that he is asked to produce articles of which information has been given by someone else, and produces them with such a statement as "Here they are." The circumstances which explain the statement must be ascertained from the witnesses and recorded. The investigation officer should be asked to explain what prompted him to go to such and such a man and make the enquiries which led to the discovery, and what his enquiries were. In house-breaking cases there may be a number of informations and discoveries, and in each case the record should show clearly what was the information leading to a particular discovery and whether it was the first news the police had of that part of the property s whereabouts. To make all these points clear the record of evidence should bring out as clearly and fully as possible :-

(i)when the statement (and there may be several) giving the information was made, and where, and in whose presence;

(ii)when the discovery was made, and where, and in whose presence;

(iii)by which accused, if there are several;

(iv)and through what circumstances the statements or discovery came to be made.

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State of Madhya Pradesh - Subsection

Section 198(4)(b) in Criminal Courts - Rules and Orders