can any body explain me the difference between DISCOVERY & RECOVERY in criminal cases/law. i tried a lot but could not get a clear view/ distinction/ difference
D.V.RamaKrishna (Advocate) 11 September 2008
First Let us try to understand the meaning of the words as per Dictionary
"Discovery : - Finding out for the first time" It means to find a thing or fact for the first time
"Recovery : - Regaining" It means to regain or get hold of a thing which went out ones possession.
Now Coming to Criminal Law :
Nowhere in the criminal law are the words Discovery and Recovery are used.
Instead As per The Code of Criminal Procedure, 1973 the words used are Search and Siezure. Chapter VII - Sections 91 to 104 deal with the aspects of search and siezure.
Search of a place is generally carried out by police investigating any criminal case upon an order from court by obtaining a search-warrant for the searc of any place eithere generally or for specified things or documents or for persons wrongfully detained. In some cases of urgent nature any police officer not below the rank of Officer in charge of a police station can make search of any place, thing or person.
Any person lawfully making a search whether with or without a warrant has power to seize all the specified article for which the search is made. Seizure under Section 102 means actual taking possession in pursuance of a legal process.
prof s c pratihar ( urologist &legal studies) 11 September 2008
discovery---in s.27,Evidence Act1872,the discovery of fact in this connectionincludes the discovery of an objectfound,the place from whichit is producedand the knowledgge of the accused to its*xistence(DHANANJOY CHATTERJEE VS STATE OF WB-1994 2 SSC220 AT 235)
recovery-the obtaining of athing byjudgment or trial.(Whartson"sLawLexicon,1976 reprint page847)