INQUEST BY POLICE AND MAGISTRATE_INDIA

.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- Killing
Homicide
Accident.

.
UN NATURAL DEATH
S-157 Cr PC
The Judicial magistrate has to
prepare and send FIR in
1.Culpable homicide. 304 A
2.Murder. 302

.
Inquest By Police.
S-157 Cr PC
After 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 PC
1.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. PC
The 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. PC
1.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. PC
In 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 intimated
to Police also.

.
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.

.
2. Ensure that
the body to be
inquested is a
human body.

.
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.

.
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,

.
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 NHRC
1.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.

.
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

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

.
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.

Hanging –in majority of cases,
R

.
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.

.
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
Name
Sex
Age
Calling
Fathers name
Residence.

.
Questions.
3. By whom first found dead?
When &
Where.
. …….

.
Questions.
3.
Height
Colour &
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.
Height
Colour &
Discriptive
marks.

.
Identification of caste..
1.circumcission.(sunnathu)
2,Poonool/rudraksham/elasssu.
3.mailanchi/chutti
4.Sindooram
5.Niskarathazhampu.
6.Ear/nose ornaments.
7.Kuduma
8.Mangalya soothram.

.
Questions.
6.
Married or
Single….?

.
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.
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.

.INQUEST
Minimum 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 DCRB
4- To be kept with the EM.

DEAD BODY REQUISITION-KPF
102.

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

INQUEST BY POLICE AND MAGISTRATE_INDIA

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