[Rev. 2012] Criminal Procedure Code CAP. 75 Provided that in determining whether an error, omission or irregularity has occasioned a failure of justice the court shall have regard to the question whether the objection could and should have been raised at an earlier stage in the proceedings. [Act No. 33 of 1963, First Sch.] 383. Distress not illegal for defect in proceedings No distress made under this Code shall be deemed unlawful, nor shall any person making it be deemed a trespasser, on account of a defect or want of form in the summons, conviction, warrant of distress or other proceedings relating thereto. 384. Statements irregularly taken under section 246 (1) If a court before whom a statement of a person recorded or purporting to be recorded under section 246 of this Code is tendered or has been received in evidence finds that any provision of that section has not been complied with by the magistrate recording the statement— (a) it may take evidence that the person duly made the statement recorded; and (b) notwithstanding anything contained in section 97 of the Evidence Act (Cap. 80), the statement shall be admitted, if the error has not injured the accused as to his defence on the merits. [Act No. 5 of 2003, s. 96,] INQUIRIES AS TO SUDDEN DEATHS INQUIRIES AS TO SUDDEN DEATHS AND MISSING PERSONS BELIEVED TO BE DEAD [Act No. 11 of 1993.] 385. Magistrates empowered to hold inquests A magistrate empowered to hold a subordinate court of the first, or second class, and a magistrate specially empowered in that behalf by the Chief Justice, shall be empowered to hold inquests. [L.N. 299/1956, L.N. 172/1960, L.N. 474/1963, Act No. 5 of 2003, s. 97.] 386. Police to inquire and report on suicide, etc. (1) The officer in charge of a police station, or any other officer specially empowered by the Minister in that behalf, on receiving information that a person— (a) has committed suicide; (b) has been killed by another or by an accident; (c) has died under circumstances raising a reasonable suspicion that some other person has committed an offence; or (d) is missing and believed to be dead; shall immediately give information thereof to the nearest magistrate empowered to hold inquests, and, unless otherwise directed by any rule made by the Minister, shall proceed to the place where the body of the deceased person is, and shall there make an investigation and draw up a report on the apparent cause of death, describing such wounds, fractures, bruises and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), the marks appear to have been inflicted; and the C44 - 105 [Issue 1]