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.