AIR 1947 PRIVY COUNCIL 67

Privy Council

(From Madras)

Hon'ble Judge(s): Lord Wright, Lord Simonds, Lord Uthwatt, Sir John Beaumont , JJJ

(A)** Criminal P.C. (5 of 1898) , S.537, S.162— Scope-Breach of S.162-Validity of trial. When a trial is conducted in a manner different from that prescribed by the Code, the trial is bad, and no question of curing an irregularity arises; but if the trial is conducted substantially in the manner prescribed by the Code, but some irregularity occurs in the course of such conduct the irregularity can be cured under S.537, and none the less so because the irregularity involves, as must nearly always be the case, a breach of one or more of the very comprehensive provisions of the Code. A trial, therefore, is valid notwithstanding the breach of S.162 : 14 AIR 1927 P.C. 44, Rel. on; 14, AIR 1927 All. 350; 9 AIR 1922 Mad 512 and 25 Mad 61 (P.C.), Ref.(Para 7) Cr. P. C.- ('46-Com.) S.162, N. 20a, Pt. 1; S. 537, N. 6. (B)** Evidence Act (1 of 1872) , S.27— 'Fact discovered' is not equivalent to object produced : I.L.R. (1937) Mad 695 : 24 AIR 1937 Mad 618 : 171 IC 245 (F.B.), Overruled. It is fallacious to treat the 'fact discovered' within the section as equivalent to the object produced. The fact discovered embraces the place from which the object is produced and the knowledge of the accused as to this, and the information given, must ....