INQUEST

. CRIMINAL PROCEDURE CODE.

Section- 174—175---176.

.

• Inquest is an inquiry into a death the cause of which is unknown.

Defenition

• Coroners Inquest (mumbai)• Magistrates inquest.• Medical Examiners inquest.• Police Inquest.

Types of INQUEST.

.DEATH

Natural…..Un natural…….

DEATH

. UN NATURAL DEATH

Suicide Sui- Self Cide- KillingHomicide

Accident.

. UN NATURAL DEATH

S-157 Cr PCThe Judicial magistrate has to prepare and send FIR in 1.Culpable homicide. 304 A2.Murder. 302

. Inquest By Police.

S-157 Cr PCAfter registering the case for UN NATURAL DEATH, A police officer should be appointed nfor dead body bundobust…inquest should be done on the spot…..

. INQUEST BY MAGISTRATE

S-174(4) Cr PC1.Any district magistrate,2. Sub divisional Magistrate.3.Any other executive majistrate specially empowered by Govt or District magistrate

. INQUEST BY MAGISTRATE

Specially empowered.GO (Rt)1534/74 dt 05/09/74……….As the DM or SDM may find it difficult to attend all cases of inquests it is proposed to invest all EM by official title with the power to hold inquest…………..

. UN NATURAL DEATH

S-174 Cr. PCThe Executive magistrate need to prepare and send FIR in 1.Custodial death.2.Death of a woman within 7 years of marriage.3.Death in police action.4.Exhumation.( Disinterment of body)

. CUSTODIAL DEATH

S-174 Cr. PC1.Death in Police Custody.2.Death in Judicial Custody.3.Death in any custody authorised by court.(Rescue home, Hospital, Bala Bhavan etc.)

.Parallel Inquiry.

S-176(1-A) Cr. PCIn the case of custodial death or death of a person disappeared from custody or a rape case in custody inquiry should also made by police and Judicial Magistrate.

Video of the inquest should be sent to National Human Right Commission.

.SUO MOTO INQUEST.

In the case of conducting suo moto inquest by Executive Magistrate, It may be intimatedto Police also.

OCCURRENCE OF DEATH

POLICE GET NINFORMATION.

PREPARATION OF FIS.

POLICE GUARD.

PREPARATION OF FIR.

FIR.

GD.

REGISTERING THE CASE.

FILING OF FIR.

FILING OF FIR.

LETTER TO SDM.

EXHUMATION

CUSTODIAL DEATH.

EXECUTIVE MAGISTRATE.

.Inquest by Executive Magistrate

1.Ask the police whether there is 1.Photo/videographer. 2.Finger print Expert. 3.Scientific Asst./doctor 4.Dog squad.If there is no women police officers assistance of a local woman may be sought.

1. Inquest should be done in day light.

2. It should be continuous.3. 2 to 5 panchayathukars.4. Video/Photo.5.Keep your mouth shut up.

PRELIMINARY POINTS.

.Inquest by Executive Magistrate

2. Ensure that the body to be

inquested is a human body.

.Inquest by Executive Magistrate

3. Ensure DEATH.1. Cooling of the body.2. Check Pulse.3. Rigor Mortis( Hardened Muscles)

4. Post Mortem Staining.(Blue blood)

5. Putrefaction. (decay)6. Cadaveric Spasm. (objects tightened by fist)

Assistance of a local doctor may be sought for.

.Inquest by Executive Magistrate

4. Check the inquest field

1.Is there any objects/evidence helpful for Investigation ?( weapons l suicide notes etc,)2.In the case of hanging, locate the suspension point. And cut the knot scientifically. The 2 knots should be safe.3. Accessibility to suspension point,

.Inquest by Executive Magistrate

5. Check the appearance of the body.In the case of custodial death a team of doctors should examine the body and video should be sent to NHRC1.Manner of dressing..Features of each dress. 2.Features/Objects /Marks to identify the person/caste.3.Hair-Well groomed/disturbed/recently cut.4.Beard/moustache. 5.Ornaments.

.Inquest by Executive Magistrate

5. Uncover the body and examine Head to Heel by wearing gloves, note all the points which may be useful in the investigation. The dress should be CUT and removed.1.Old scars/moles.2 Damages to the body.3. Stains in the body

.Inquest by Executive Magistrate

5. 2- Damages to the body.Length, breadth and depth of the injury should be noted.1.Abrasions- urachil2.Contusions- thinarpu/karuvalippu.3. Incised wound- vadival murivu.4. Lacerated wound–hammer murivu.5. Penetrating wound.

.Inquest by Executive Magistrate

5. 3 Body stains.1. Stains in the body should be noted.2.Vaginal swab/smear to be sent for chemical examination.(Usually doctors only take viscera so send request for taking vicera.)3.Nail clippings also may be taken.4.Cellophane tape test.5.Ligature.

BODY APPEARANCE.

BODY APPEARANCE.

HAIR-Length,nature and colur

HAIR-Length,nature and colur

Writing in the DRESS

NECK.

WATER

Hanging –in majority of cases,

R

DRAWNING-DIATOM TEST

Inspection of PRIVATE PARTS,

.INQUEST REPORT.

Report of investigation under section 174 of Cr P C on the body of a person found dead at …………Place………….on…date……….27 Questions.Qns 20 to 26 are applicable to Railway Police.

DRESS AND VALUABLES.

DRESS AND VALUABLES.

DRESS AND VALUABLES.

KERALA INQUEST.

.Questions.

1. Name of persons composing the panchayaths if any-

Note- Minimum 2 persons. (witnesses.)

.Questions.

1.Name of persons composing the panchayaths if any-Name , address & Job of each…They need not sign here…but signature should be obtained in column 17.If necessary a notice may be given to them u/s 175 CrPC…If they hesitate or absent action can can be initiated u/s 174 CrPC.

.Questions.

1.If the deceased is a woman, the panchathukars may consists of a woman.2.Panchathukar should not be the dear or relatives of the deceased.

.Questions.

2. Deceased's NameSexAgeCallingFathers nameResidence.

.Questions.

3. By whom first found dead?

When & Where.. …….

.Questions.

3. HeightColour &Descriptive marks.

.Questions.

4. By whom last seen alive…?Where and when and in whose company…?Whether he carried any valuable property with him…?Last association theory

.Questions.

5.HeightColour &Discriptive marks.

.Identification of caste..

1.circumcission.(sunnathu)2,Poonool/rudraksham/elasssu.3.mailanchi/chutti4.Sindooram5.Niskarathazhampu.6.Ear/nose ornaments.7.Kuduma8.Mangalya soothram.

.Questions.

6.Married orSingle….?

.Questions.

7.State the corpse….?Its posture,Exact state of the limbs, eyes, mouth etc.Wounds….List of properties found……

.Questions.

8.Minute description of exact spot of the corpse was found.If in water, depth thereof

.Questions.

8. If the body is in a well…..1.If the well is pblic or private property…whom does it belong.?2.Is it near public road or path way..?3Has it parapet wall and float.

.Questions.

9. By what relative body is recognised…?

Their statement shortly given.

2 persons.

.Questions.

10. Abstract of evidence of other 2 persons…?

Their statement shortly given.

.Questions.

11. Apparent cause of death…?

As evident from statements.

.Questions.

12. If by violence apparently by what weapon…?If any person suspected…who did…why…?Was deceased insured…?

.Questions.

13. If corpse is not sent for medical examination…..why..?

.Questions.

14..If corpse is sent, for what purpose and whose order by which order number and the number of constables who went with it…?

.Questions.

15. By whose order corpse was buried or burnt,,,?

(Pretham post mortem parisodhanakku ayakkunnundu)

.Questions.

16. Opinion of the panchayath dars as the cause and manner of death…..?

.Questions.

17. signature of the panchayathkars as concur with the opinion…..?

.Questions.

18. Signature of the SHO …..?

.Questions.

18. Signature of the SHO …..?

.Questions.

19. If name and address of the deceased is unknown, state what steps have been taken to ascertain the same and secure id notification……..?

Have finger print of the deceased taken and sent to finger print bureau.

.Questions.

20. Was the body warm or cold when first found……?

.Questions.

27. Duration of investigation.

90 minutes.Investigation commenced at……..Investigation closed at………………..

.Post mortem

It is very risky to recommend exemption of post mortem.

Insurance benefit will not get without post mortem report.

There are cases in which Govt ordered to avoid post mortem.

.Post mortem

Inquest has been completed and the corpse is sent for postmortem, Civil Police officer No KP-342 is here by authorised to sent the body for post mortem and to obtain certificate of postmortem,After the PM the CPO is also authorised to hand over the body to relatives for burial.

.Post mortem

Un identified bodies Should be kept in the mortuary for 3 days after Post Mortem.

.INQUESTMinimum 3 copies have to be prepared.1- to the court in original. With ornament/dresses/other objects. With form 151 A.2- to the CD file.3- To the DCRB4- To be kept with the EM.

INQUEST REPORT.

DEAD BODY REQUISITION-KPF 102.

DEAD BODY REQUISITION-KPF 102.

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• T.J Joseph.• Adhikarathil.• S H Mount.• Kottayam. Mob 9447464502