CAP. 75
Criminal Procedure Code
[Rev. 2012]
report shall in the case of paragraph (a), (b) or (c); be forwarded forthwith to the
nearest magistrate empowered to hold inquests; and in the case of paragraph
(d) shall immediately send to the Director of Public Prosecutions through the
Commissioner of Police as full a report as possible together with details of all
supporting evidence relating to the circumstances surrounding the disappearance
and the grounds upon which the death of that person is presumed to have taken
place.
(2) When, except in the case of a missing person believed to be dead there is
any doubt regarding the cause of death, or when for any other reason the police
officer considers it expedient to do so, he shall, subject to any rule made by the
Minister, forward the body, with a view to its being examined, to the nearest medical
officer or other person appointed by the Minister in that behalf, if the state of the
weather and the distance admit of its being so forwarded without risk of such
putrefaction on the road as would render the examination useless.
(3) When the body of a person is found or a person has committed suicide
or has been killed by another or by an accident or has died under circumstances
raising a reasonable suspicion that some other person has committed an offence,
a person finding the body or becoming aware of the death shall immediately give
information thereof to the nearest administrative officer or police officer.
[L.N. 299/1956, L.N.172/1960, Act No. 11 of 1993, Sch., Act No. 12 of 2012, Sch.]
387. Inquiry by magistrate into cause of death
(1) When a person dies while in the custody of the police, or of a prison officer,
or in a prison, the nearest magistrate empowered to hold inquests shall, and in any
other case mentioned in section 386(1) a magistrate so empowered may, but shall
in the case of a missing person believed to be dead, hold an inquiry into the cause
of death, either instead of or in addition to the investigation held by the police or
prison officer, and if he does so he shall have all the powers in conducting it which
he would have in holding an inquiry into an offence.
(2) Whenever the magistrate considers it expedient to make an examination
of the dead body of a person who has been already interred, in order to discover
the cause of his death, the magistrate may cause the body to be disinterred and
examined.
(3) If before or at the termination of the inquiry the magistrate is of the opinion
that the commission by some known person or persons of an offence has been
disclosed, he shall issue a summons or warrant for his or their arrest, or take
such other steps as may be necessary to secure his or their attendance to answer
the charge; and on the attendance of the person or persons the magistrate shall
commence the inquiry de novo and shall proceed as if he had taken cognizance
of an offence.
(4) If at the termination of the inquiry the magistrate is of the opinion that
an offence has been committed by some person or persons unknown, he shall
record his opinion and shall forthwith send a copy thereof to the Director of Public
Prosecutions.
(5) If at the termination of the inquiry the magistrate is of the opinion that no
offence has been committed, he shall record his opinion accordingly.
[Issue 1]
C44 - 106
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