INQUIRY INTO CASES OF SUDDEN UNNATURAL DEATHS, SUICIDES

SECTION 174 Cr.P.C.: (INQUIRY INTO CASES OF SUDDEN UNNATURAL

DEATHS, SUICIDES ETC.):-

The following Executive Magistrates are empowered to hold inquests:-

1. District Magistrate

2. Additional District Magistrate

3. Sub-Divisional Magistrate

4. Mandal Executive Magistrate

INQUEST: The important points to be borne in mind in holding inquest.Inquest is the inquiry made U/s 174 Cr.P.C. to ascertain apparent cause ofdeath. In all cases of sudden and unnatural deaths, like suicide or accident or deathdue to any machinery or animal or under circumstances raising reasonablesuspicion that some other person has committed an offence, the Station HouseOfficer or some other Police Officer specially empowered by the State Government

who receives the information of committal of suicide, death etc., shall immediately give intimation of the nearest Executive Magistrate, empowered to hold inquest he shall proceed to the place immediately where the body of such deceased person is.On reaching the spot, the presence of two or more respectable inhabitants of thelocality to serve as panchayatdars, and the blood relations of the decreased (if identity is known) and any witnesses that are aware of the circumstances surrounding the death, are secured and start the inquest to ascertain the apparent cause of death. The following points are to be noted as accurately as possible.

1. The Nature of the surroundings where the body lies.

2. The exact position of the dead body.

3. Accurate description of all various injuries, fractures etc. seen on the body.

4. The probable weapon with which the injuries might have been inflicted.

5. The details of the properties found on the body.

6. The marks of identification and other special features that go to establish the

identity of the body. All the relevant columns of the inquest report should be accurately filled up by the Executive Magistrate in his own hand and opinion of the Panchayatdars regarding the apparent cause of death should be mentioned in the relevant column. In cases of death of married woman within 7 years of her marriage, Executive Magistrate should conduct inquest. After drawing up the inquest report of the apparent cause of death, describing such wounds, fractures, brushes, and other marks of injury as may be found on the body, and stating in what manner, or by what  weapon or instrument, such marks appear to have been inflicted.

(Sec.174(1) Cr.P.C).

This inquest report should be signed by Police Officer and also other persons present. Thereafter, the body is to be forwarded to the nearest Civil Surgeon for conducting Post-Mortem Examination in the following cases:-

1. In cases of suicide by a marriage woman within 7 years of her marriage.,

2. In all cases of death of a woman within 7 years of her marriage in any

circumstances raising a reasonable suspicion that some other person

committed an offence in relation to such woman.

3. In all cases of death of married woman within 7 years of her marriage where

the relative of the woman requests of a Post-Mortem.

4. In all cases where there is any doubt regarding the cause of death.

5. In all cases where the police officer for any reason thinks it necessary.

If the condition of the body or other circumstances do not permit the body from

being transported to the place where the Medical Officer is stationed, a requisition

can be given to the Medical Officer to visit the spot and conduct the autopsy at the

site.

NOTE: The purpose of inquest is only to ascertain outward (apparent) cause of

death. The question as to how the deceased was assaulted or who assaulted him or

under what circumstances will not fall within the ambit and scope of the proceedings

U/s 174 Cr.P.C.,

As per the decision of the Supreme Court, and several High Courts, the inquest

report need not be burdened with all details ranging from motive and the manner in

which the offence was committed. Whatever is mentioned in the columns of inquest

report should be covered by the statements of witnesses examined at the inquest.

The statements/answers in inquest cannot be taken as statement of any single

person as the answers mentioned therein are only the gist of versions given by

several witnesses.

SECTION 176 Cr.P.C. (INQUIRY BY EXECUTIVE MAGISTRATE INTO CAUSE OF

DEATH):-

In all cases of death in police custody either actual or constructive and in all cases where a married woman dies within 7 years of her marriage either by suicide or other circumstances raising a reasonable, suspicion that some otherperson committed an offence in relation to such woman, inquest has to be held by an Executive Magistrate. Usually, in practice all cases where FIR is issued u/s 174 Cr.P.C., the FIR is sent to the Executive Magistrate with a request to hold inquest at times what started as a case U/s 174 will turn out as one U/s 302 IPC (Murder) or

some other serious offence. In view of the statutory functions, inquest should be held with the least possible delay. The original should be filed along with the FIR that was earlier received. A

copy of it should also be furnished to the concerned SHO or the investigating officer, apart from sending copies to District Magistrate and Sub-Divisional Magistrate.

EXHUMATION / DISINTERNMENT U/S 176 (3) Cr.P.C. :-

In cases where the dead body is buried (interned) and it is considered that the  body has to be dug out (Exhumed/Disinterned) for the purposes of examining it, the Executive Magistrate, having jurisdiction, in order to discover the cause of the death make an order in writing permitting the body to be exhumed / disinterned. The Executive Magistrate is to be present at the exhumation. When inquiry is to be held under this section, the Executive Magistrate wherever practicable should inform the relatives of the decreased whose names and addresses are known and shall allow them to remain present at the inquiry. He should get the grave properly identified by the relatives or other persons before ordering the opening of the grave. It may be noted that opening a grave is interference with the dead and will amount to an offence, if a wrong grave is opened. It will be useful if the sample of the top soil of the grave is taken and preserved. After the grave is carefully opened and body exposed, the exact position of the body in the grave should be noted in the record. The soil immediately in contact with the body should also be sampled and preserved. The items of clothing etc. should be noted, and the body then got lifted out of the grave and inquest after the body is identified by someone to the satisfaction of the Executive Magistrate.  The exhumation is a Magisterial function performed under the statutory provisions of Sec. 176(3) Cr.P.C. The main requirement of which is the subjective  satisfaction of the Executive Magistrate based on inquiry. Such being the case, when the Executive Magistrate after inquiry has refused to exhume, it is not open to a superior Executive Magistrate to order the exhumation without making any independent inquiry or recording grounds of satisfaction.

J C J syllabus of Andhra Pradesh

Procedural as well as substantive Laws,

Civil as well as Criminal Rules of practice and Local Laws, i.e.

 Civil Laws comprising of

1)     Code of Civil Procedure,

2)     Indian Contract Act,

3)     Hindu Marriage Act,

4)     Hindu Succession Act,

5)     Transfer of Property Act

6)     Easements Act,

7)     Specific Relief Act,

8)     Indian Limitation Act,

9)     Civil Rules of Practice;

Criminal Laws comprising of

1) Code of Criminal Procedure,

2) Indian Penal Code,

 3) Indian Evidence Act,

4) Negotiable Instruments Act,

5) Protection of Women from Domestic Violence Act

6) Criminal Rules of Practice;

Local Laws comprising of

1) Registration Act and Stamps Act,

2) A.P.Land Encroachment Act and

3) Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act.

LIST OF RECORDS HELD BY SACHIN TENDULKAR

1. Sachin Tendulkar is the Highest Run scorer in the One day Internationals

2. Sachin Tendulkar is the Highest Run scorer in the Test Cricket

3. Most number of hundreds in the ODI 46

4. Most number of hundreds in the Tests 47

5. Most number of nineties in the ODI

6. Most number of man of the matches in the ODI's -61

7. Most number of man of the series(15) in ODI's

8. Best average for man of the matches in ODI's

9. First Cricketer to pass 10000 run in the ODI

10. First Cricketer to pass 15000, 16000, 17000 run in the ODI

11. He is the highest run scorer in the world cup (1,796 at an average of 59.87 as on 20 March 2007)

12. Most number of the man of the matches in the world cup

13. Most number of runs 1996 world cup 523 runs in the 1996 Cricket World Cup at an average of 87.16

14. Most number of runs in the 2003 world cup 673 runs in 2003 Cricket World Cup, highest by any player in a single Cricket World Cup

15. Man of the Tournament in the 2003 Cricket World Cup.

16. Most number of Fifties in ODI's

17. He is the only player to be in top 10 ICC ranking for 10 years.

18. He is one of the three batsmen to surpass 11,000 runs in Test cricket, and the first Indian to do so.

19. First and only cricketer to get Rajiv Gandhi Khel Ratna. India's highest sporting honor

20. In 2003, Wisden rated Tendulkar as d No. 1 and Richards at No. 2 in all time Greatest ODI player

21. In 2002, Wisden rated him as the second greatest Test batsman after Sir Donald Bradman.

22. he was involved in unbroken 664-run partnership in a Harris Shield game in 1988 with friend and team mate Vinod Kambli.

23. Tendulkar is the only player to score a century in all three of his Ranji Trophy, Duleep Trophy and Irani Trophy debuts

24. In 1992, at the age of 19, Tendulkar became the first overseas born player to represent Yorkshire

25. Tendulkar has been granted the Rajiv Gandhi Khel Ratna, Arjuna Award and Padma vibhushan by Indian government. He is the only Indian cricketer to get all of them. And the only cricketer to receive Padma vibhushan.

26. Tendulkar has scored over 1000 runs in a calendar year in ODI's 8 times

27. Tendulkar has scored 1894 runs in calendar year in ODI's most by any batsman

28.First batsman in the history who was given out through third umpire.

29. He has the least percentage of the man of the matches awards won when team looses a match. Out of his 61 man of the match awards only 7 times India has lost.

30. Tendulkar most number man of match awards against Australia

31. Tendulkar was the first batsman in history to score over 50 centuries in international cricket

32. Tendulkar was the first batsman in history to score over 75 centuries in international cricket: 93 centuries

33. Has the most overall runs in cricket, (ODIs+Tests+Twenty20s), as of 30 June 2007 he had accumulated almost 26,000 runs overall.

34. Sachin Tendulkar with Sourav Ganguly hold the world record for the maximum number of runs scored by the opening partnership. They have put together 6,271 runs in 128 matches

35. The 20 century partnerships for opening pair with Sourav Ganguly is a world record

36. Sachin Tendulkar and Rahul Dravid hold the world record for the highest partnership in ODI matches when they scored 331 runs against New Zealand in 1999 (Sachin 186*, Dravid 153)

37. Sachin Tendulkar has been involved in six 200 run partnerships in ODI matches - a record that he shares with Sourav Ganguly and Rahul Dravid

38. Most Centuries in a calendar year: 9 ODI centuries in 1998

39. Only player to have over 100 innings of 50+ runs (41 Centuries and 87 Fifties)(as of 18th Nov, 2007)

40. the only player ever to cross the 13,000-14,000 - 15, 000and 16,000 run marks IN ODI.

41. He hit the fastest double century in any international match

42. Maximum number of 150 plus scores in ODIs

43. Tendulkar has scored over 1000 ODI runs against all major Cricketing nations.

44. Sachin was the fastest to reach 10,000 runs taking 259 innings and has the highest batting average among batsmen with over 10,000 ODI runs

45. Most number of Stadium Appearances: 90 different Grounds

46. Consecutive ODI Appearances: 185

47. On his debut, Sachin Tendulkar was the second youngest debutant in the world

48. When Tendulkar scored his maiden century in 1990, he was the second youngest to score a century

49. Tendulkar's record of five test centuries before he turned 20 is a current world record

50. Tendulkar holds the current record (217 against NZ in 1999/00 Season) for the highest score in Test cricket by an Indian when captaining the side

51. Tendulkar has scored centuries against all test playing nations. He was the third batman to achieve the distinction after Steve Waugh and Gary Kirsten

52. Tendulkar has 4 seasons in test cricket with 1000 or more runs - 2002 (1392 runs), 1999 (1088 runs), 2001 (1003 runs) and 1997 (1000 runs).[6] Gavaskar is the only other Indian with four seasons of 1000+ runs

53. He is second most number of seasons with over 1000 runs in world.

54. On 3 January 2007 Sachin Tendulkar (5751) edged past Brian Lara's (5736) world record of runs scored in Tests away from home

55. Tendulkar and Brian Lara are the fastest to score 10,000 runs in Test cricket history. Both of them achieved this in 195 innings

56. Second Indian after Sunil Gavaskar to make over 10,000 runs in Test matches

57. Became the first Indian to surpass the 11,000 Test run mark and the third International player behind Allan Border and Brian Lara.

58. Tendulkar is fourth on the list of players with most Test caps. Steve Waugh (168 Tests), Allan Border (158 Tests), have appeared in more games than Tendulkar.

59. Tendulkar has played the most number of Test Matches for India (Kapil Dev is second with 131 Test appearances).

60. First to 25,000 international runs

61. Tendulkar's 25,000+ runs in international cricket include 17000+ runs in ODI's, 13,000+ Tests runs and 10 runs in the lone Twenty20 that India has played.

62. On December 10, 2005, Tendulkar made his 35th century in Tests at Delhi against Sri Lanka. He surpassed Sunil Gavaskar's record of 34 centuries to become the man with the most number of hundreds in Test cricket.

63. Tendulkar is the only player who has 150 wkts and more than 15000 runs in ODI

64. Tendulkar is the only player who has 40 wkts and more than 11000 runs in Tests

65. Sachin hit the first double century in the 40 year history of one day internationals

66. Maximum number of boundaries in a single innings

67. Highest score in ODI cricket 200*

Source: http://sachinandcritics.com/sachin_rec.php

Writs in Indian law

In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs and subpoenas are common types of writs but there are many others.

Writs are extra ordinary remedies in cases where there is either no remedy available under the ordinary law or the remedy available is inadequate.

Articles 32 and 226 of our Constitution empower anyone, whose rights are violated, to seek writs, Under Article 32; the Supreme Court can be moved for enforcement of fundamental right only.  However, under Article 226.  High Court can be moved for enforcement of any right including fundamental right.

History

Originally, a writ became necessary, in most cases, to have a case heard in one of the Royal Courts, such as the King's Bench or Common Pleas. Some franchise courts, especially in the Counties Palatine, had their own system of writs that often reflected or anticipated the common law writs. The writ would act as a command that the case be brought before the court issuing the writ, or it might command some other act on the part of the recipient 

The origin of writs in India goes back to the Regulating Act, 1773 under which Supreme Court was established at Calcutta. The charter also established other High courts and these High Courts had analogous power to issue writs as successor to the Supreme Court. The other courts which were established subsequently did not enjoy this power. The writ jurisdiction of these courts was limited to their original civil jurisdiction which they enjoyed under section 45 of the Specific Relief Act, 1877

Role of Writs

Now as far as the role of the writs is concerned, let us go by illustration over the cases on discretion. Conferment of discretionary powers has been accepted as necessary phenomena of modern administrative and constitutional machinery. Law making agency legislates the law on any subject to serve the public interest and while making law, it has become indispensable to provide for discretionary powers that are subject to judicial review. The rider is that the Donnie of the discretionary power has to exercise the discretion in good faith and for the purpose for which it is granted and subject to limitations prescribed under the Act. The Courts have retained their jurisdiction to test the Statute on the ground of reasonableness. Mostly, the courts review on two counts; firstly whether the statute is substantively valid piece of legislation and, secondly whether the statute provides procedural safeguards. If these two tests are not found, the law is declared ultra vires and void of Article 13 of the Constitution called Judicial Review

Beside this, Courts control the discretionary powers of the executive government being exercised after the statutes have come to exist. Once they come into existence, it becomes the duty of the Executive Government to regulate the powers within limitations prescribed to achieve the object of the Statute. The discretionary powers entrusted to the different executives of the Government play substantial role in administrative decision making and immediately the settled principles of administrative law trap the exercise of powers. If these discretionary powers are not properly exercised, or there is abuse and misuse of powers by the executives or they take into account irrelevant consideration for that they are not entitled to take or simply misdirect them in applying the proper provision of law, the discretionary exercise of powers is void. Judicial review is excluded when it is found that executives maintain the standard of reasonableness in their decisions. Errors are often crept in either because they would maintain pure administrative spirit as opposed to judicial flavour or that they influence their decisions by some irrelevant considerations or that sometimes, the authorities may themselves misdirect in law or that they may not apply their mind to the facts and circumstances of the cases. Besides, this aspect, they may act in derogation of fundamental principles of natural justice by not conforming to the standard or reasons and justice or that they do not just truly appreciate the existence or non existence of circumstances that may entitle them to exercise the discretion.

“The Executive have to reach their decisions by taking into account relevant considerations. They should not refuse to consider relevant matter nor should they take into account considerations that are wholly irrelevant or extraneous. They should not misdirect themselves on a point of law. Only such a decision will be lawful. The courts have power to see that the Executive acts lawfully. They cannot avoid scrutiny by courts by failing to give reasons. If they give reasons and they are not good reasons, the court can direct them to reconsider the matter in the light of relevant matters though the propriety adequacy or satisfactory character of these reasons may not be open to judicial scrutiny. Even if the Executive considers it inexpedient to exercise their powers they should state their reasons and there must be material to show that they have considered all the relevant facts.”

Prerogative writs

The "prerogative" writs are a subset of the class of writs, those that are to be heard ahead of any other cases on a court's docket except other such writs. The most common of the other such prerogative writs are habeas corpus, quo warranto, prohibito, mandamus, procedendo, and certiorari.

The due process for petitions for such writs is not simply civil or criminal, because they incorporate the presumption of no authority, so that the official who is the respondent has the burden to prove his authority to do or not do something, failing which the court has no discretion but to decide for the petitioner, who may be any person, not just an interested party. In this they differ from a motion in a civil process in which the burden of proof is on the movant, and in which there can be a question of standing.

Indian law

Under the Indian legal system, jurisdiction to issue 'prerogative writs' is given to the Supreme Court, and to the High Courts of Judicature of all Indian states. Parts of the law relating to writs are set forth in the Constitution of India. The Supreme Court, the highest in the country, may issue writs under Article 32 of the Constitution for enforcement of Fundamental Rights and under Articles 139 for enforcement of rights other than Fundamental Rights, while High Courts, the superior courts of the States, may issue writs under Articles 226. The Constitution broadly provides for five kinds of "prerogative" writs:

1.      Habeas Corpus,

2.      Certiorari,

3.      Mandamus,

4.      Quo Warranto and

5.      Prohibition.

Writ of prohibition

It is issued by a higher court to a lower court prohibiting it from taking up a case because it falls outside the jurisdiction of the lower court. Thus, the higher court transfers the case to itself.

Writ of Prohibition is issued by a superior court to subordinate court preventing latter from usurping the jurisdiction which is legally not vested in it.  The writ lies in both for access of jurisdiction or absence of jurisdiction. It is generally issued before the trial of the case or during the pendency of the proceeding but before the order is made.  It may be noted that this writ is available against judicial and quasi-judicial body.

Writ of habeas corpus

It is issued to a detaining authority, ordering the detainer to produce the detained person in the issuing court, along with the cause of his or her detention. If the detention is found to be illegal, the court issues an order to set the person free.

The words ‘habeas corpus’ literally means ‘to have body. It is a remedy available to a person who is confined without legal justification.  Through this writ, the court let it know the reasons for detention of the person and if there is no justification, order the authority concerned to se the person free.  The writ of hebeas corpus, thus, entails the authority to produce the person before the court.  The applicant of this writ may be the prisoner or any person on his behalf to safeguard his liberty.  It seeks immediate relief from unlawful detention whether in prison or private custody.

Writ of certiorari

It is issued to a lower court directing that the record of a case be sent up for review, together with all supporting files, evidence and documents, usually with the intention of overruling the judgement of the lower court. It is one of the mechanisms by which the fundamental rights of the citizens are upheld.

if any lower court or a tribunal gives its decision but based on wrong jurisdiction, the effected party can move this writ for a direction against such lower court or tribunal to ignore such decisions based on wrong jurisdiction.  The writ of certiorari issued to subordinate judicial or quasi- judicial body when they act:

a)      Without or in excess of jurisdiction;

b)     In violation of the prescribed procedure;

c)      In contravention of principles of natural justice;

d)      Resulting in an error of law apparent on the face of record.

The writs of prohibition and certiorari are of the same nature, the only difference being that the writ of prohibition is issued at an earlier stage, before the order is made and the writ of certiorari is available on a later stage i.e. after the order has been passed.

Writ of mandamus

It is issued to a subordinate court, an officer of government, or a corporation or other institution commanding the performance of certain acts or duties.

Mandamus literally means a command.  This writ of command is issued by the Supreme Court of High court when any government, court, corporation or any public authority has to do a public duty but fail to do so.  To invoke the performance of such duty this writ of mandamus is issued, It should be noted that it should not be discretionary duty of the authority which is challenged.  It should be a compulsory one; the applicant too should have a legal right to enforce such performance. It may further be noted that this writ can not be issued against President or the Governor.

Writ of quo warranto

It is issued against a person who claims or usurps a public office. Through this writ the court inquires 'by what authority' the person supports his or her claim.

The term ‘Quo Warranto’ means “What is your authority”. Whenever any public office is held by any one not qualified to hold it, it can be challenged by this writ by any person.  An order issued by the court to such an authority to explain under what valid grounds he is holding such a post.  It is found on investigation that he is not entitled to be office; the court may restrain him from acting in the office and declare the office to be Vacant.  The writ of quo-warranto to issue when:

a)      The office is public and of substantive nature;

b)      The office is created by the State or by the Constitution itself; and

c)      The respondent must have asserted his claim to the office.

 Other writs

A writ of attachment permits the arrest of a person or the seizure of private property.

A Writ of Bodily Attachment is a writ commanding law enforcement to physically bring in a person in contempt of court. Evidently, you cannot get out of this writ just by paying the fine, the court can hold you up to 48 hours to meet with the person issuing the writ directly.

A writ of capias directs an officer to take into custody the person named in the writ or order

A writ of coram nobis corrects a previous error "of the most fundamental character" to "achieve justice" where "no other remedy" is available, e.g., when a judgment was rendered without full knowledge of the facts.

A writ of elegit orders the seizure of a portion of a debtor's lands and all his goods (except work animals) towards satisfying a creditor, until the debt is paid off.

A writ of error is issued by an appellate court, and directs a lower court of record to submit its record of the case laid for appeal.

A writ of exigent (or exigend) commands a sheriff to summon a defendant indicted for a felony, who had failed to appear in court, to deliver himself up upon pain of outlawry or forfeiture of his goods.

A writ of fieri facias commands a sheriff to take and auction off enough property from a losing party to pay the debt (plus interest and costs) owed by a judgment debtor.[3]

A writ of mittimus orders either a court to send its record to another or a jailor to receive the accused in his or her custody at any point during the investigative or trial process.

A writ of ne exeat republica  restrains defendant who attempts to flee the country where he or she is being tried.

A writ of praemunire instructs a sheriff to order someone to appear in court to answer for any of a number of different crimes.

A writ of frrts contains a command to stay the proceedings at law.

A writ of venire facias summons jurors to appear in court.