Criminal Procedure Code · 2021 Revised Edition · Part 8
313. Powers of Public Prosecutor and High Court as to inquests
Official textFrom Attorney General's Chambers, unchanged
Notwithstanding anything in section 307, the Public
Prosecutor may at any time direct a Magistrate to hold an inquest under this
Magistrate
"Magistrate" means a Magistrate appointed by His Majesty the Sultan and Yang Di-Pertuan under the Subordinate Courts Act or under any written law;
Chapter into the cause of, and the circumstances connected with, any death such as is referred to in sections 303 and 308, and the Magistrate to whom such direction is given shall thereupon proceed to hold an inquest and shall record his finding as to the cause of death and also as to any of the circumstances connected therewith with regard to which the Public
cause of death
"cause of death" include not only the apparent cause of death as ascertainable by inspection or post mortem examination of the body of the deceased, but also all matters necessary to enable an opinion to be formed how the deceased came by his death and whether his death resulted in any way from, or was accelerated by, any unlawful act or omission on the part of any other person.
Prosecutor may have directed him to make inquiry.
inquiry
"inquiry" includes every inquiry conducted under this Code before a Magistrate;
When the proceedings at any inquest under this Chapter have been closed and it appears to the Public Prosecutor that further investigation is necessary, the Public Prosecutor may direct the Magistrate to reopen the inquest and to make further investigation, and thereupon the Magistrate shall have full power to reopen the inquest and make further investigation and thereafter to proceed in the same manner as if the proceedings at the inquest had not been closed:
Provided that this subsection does not apply to any inquest at which a finding of murder or culpable homicide not amounting to murder has been returned against any person.
When giving any direction under this section, the Public
Prosecutor may also direct whether the body shall or shall not be exhumed.
All directions given under this section shall be complied with by the Magistrate to whom they are addressed without unnecessary delay.
If it is made to appear to the Public Prosecutor that it is expedient that an inquest commenced by one Magistrate should be continued by another, he may direct both Magistrates accordingly and the Magistrates shall comply with the direction.
Terms defined in this Act
cause of death
Defined · s 302"cause of death" include not only the apparent cause of death as ascertainable by inspection or post mortem examination of the body of the deceased, but also all matters necessary to enable an opinion to be formed how the deceased came by his death and whether his death resulted in any way from, or was accelerated by, any unlawful act or omission on the part of any other person.
High Court
Defined · s 2"High Court" means the High Court of the Supreme Court for Brunei Darussalam;
inquiry
Defined · s 2"inquiry" includes every inquiry conducted under this Code before a Magistrate;
Magistrate
Defined · s 2"Magistrate" means a Magistrate appointed by His Majesty the Sultan and Yang Di-Pertuan under the Subordinate Courts Act or under any written law;
Part 9
Chapter XXXVI
Chapter XL
Chapter XLI
Part