How to conduct inquest - Note uploaded by James Joseph Adhikarathil -2020

1. Presentation by:
V.R.Vinod
Dy. Collector(LR)
Thiruvananthapuram

2. Inquest - its meaning
 This expression occurs in section 174 and Section 176 Cr.PC,
 Literally, it means a legal inquiry.
 Strictly speaking, it has been employed in the Cr.PC to mean the
inquiry held u/s 176 by a competent Executive Magistrate into the
cause of an unnatural or suspicious death.
 Loosely, it is also applied to refer to the investigation conducted by
a police officer u/s 174 CrPC for the purpose of ascertaining the
apparent cause of an unnatural or suspicious death.
 Hence, the term, "Inquest" is commonly used to mean either an
investigation by the police u/s 174 CrPC or an inquiry by the
Magistrate u/s 176 Cr.PC, undertaken by them under the Law to
find out the cause of an unnatural or suspicious death.

3. CrPC174Police to enquire and
report on suicide etc.
 (1) When the officer in charge of a police station or some other police officer
specially empowered by the State Government in that behalf receives
information that a person has committed suicide, or has been killed by another
or by an animal or by machinery or by an accident, or has died under
circumstances raising a reasonable suspicion that some other person has
committed an offence, he shall immediately give intimation thereof to the
nearest Executive Magistrate empowered to hold inquests, and, unless otherwise
directed by any rule prescribed by the State Government, or by any general or
special order of the District or Sub-divisional Magistrate, shall proceed to the
place where the Body of such deceased person is, and there, in the presence of
two' or more respectable inhabitants of the neighbourhood, shall make an
investigation, and draw up a report of the apparent cause of death, describing
such wounds, fractures, bruises, and other marks of injury as may be found on
the body, and stating in what manner, or by what weapon or instrument (if any);
such marks appear to have been inflicted.
 (2) The report shall be signed by such police officer and other persons, or by so
many of them as concur therein, and shall be forthwith forwarded to the District
Magistrate or the Sub-divisional Magistrate.

4. CrPC 174
 (3) When-
 (i) the case involves suicide by a woman within seven years
of her marriage or
 (ii) the case relates to the death of a woman within seven
years of her marriage in any circumstances raising a
reasonable suspicion that some other person committed an
offence in relation to such woman or
 (iii) the case relates to the death of a woman within seven
years of her marriage and any relative of the woman has
made a request in this behalf or
 (iv) there is any doubt regarding the cause of death; or
 (v) the police officer for any other reason considers it
expedient so to do, he shall.

5. CrPC 174
 subject to such rules as the State Government may prescribe in this
 behalf, forward the body, with a view to its being examined, to the
 nearest Civil Surgeon, or other qualified medical man appointed in
 this behalf by the State Government, if the state of the weather and
 the distance admit of its being so forwarded without risk of such
 putrefaction on the road as would render such examination useless.
 (4) The following Magistrates are empowered to hold inquests,
 namely, any District Magistrate or Sub-divisional Magistrate and any
 other Executive Magistrate specially empowered in this behalf by the
 State Government or the District Magistrate.

6. CrPC 176 Inquiry by Magistrate into
cause of death
 (1) When the case is of the nature referred to in
clause (i) or clause(ii) of sub-section (3) of section
174 the nearest Magistrate- empowered to hold
inquests shall, and in any other case mentioned
in sub-section (1) of section 174, any Magistrate so
empowered may hold an inquiry into the cause of
death either instead of, or in addition to, the
investigation held by the police officer ; and if he
does so, he shall have all the powers in conducting
it which he would have in holding an inquiry into
an offence.

7. CrPC 176
 1A Where
 (a) any person dies or disappears, or
 (b) rape is alleged to have committed on any women,
While such person or women is in the custody of Police
or in any other custody authorised by the Magistrate or
the Court, under this code in addition to the inquiry or
investigation held by the Police, an inquiry shall be held
by the Judicial Magistrate or the Metropolitan
Magistrate, as the case may be, within whose local
jurisdiction the offence has been committed

8. CrPC 176
 (2) The Magistrate holding such an inquiry shall
record the
 evidence taken by him in connection therewith in any
manner
 hereinafter prescribed according to the circumstances
of the case.
 (3) Whenever such Magistrate considers it expedient
to make an examination of the dead body of any
person who has been already interred, in order to
discover the cause of his death, the Magistrate may
cause the body to be disinterred and examined.

9. CrPC 176
 (4) Where an inquiry is to be held under this
section, the Magistrate shall, wherever
practicable, inform the relatives of the deceased
whose names and addresses are known, and shall
allow them to remain present at the inquiry.
 Explanation.-In this section, expression "relative"
means parents, children, brothers, sisters and
spouse.

10. Death - Natural/Unnatural
 (a) When death occurs by the unassisted
operation of natural causes, it is called "Natural
Death". "Ailments" fall within "Natural Causes".
 (b) Unnatural death is one which is not natural,
say for instance, death due to violence.
 (c) Unnatural death may be homicidal, suicidal
or accidental.

11. Two agencies for such Probe
 They are (i) Police and (ii) Magistracy.
 Sec. 174 Cr.PC, read with Section 175 Cr.PC, relates
to Police
 whereas Section 176 Cr.PC refers to Magistracy on
the executive side.

12. Ten-point charter of duties of the
Police in the context of an Inquest
 (i) Reporting such death to the nearest Executive
Magistrate competent to hold inquest.
 (ii) Proceeding to the spot for investigating the cause
of such death unless otherwise directed.
 (iii) Inviting at least two local and respectable persons
to be present at the Inquest.
 (iv) Viewing the dead body and its surroundings
carefully and closely.
 (v) Noting down relevant features, such as number,
position and direction of injuries, signs of
inflammatory reaction, signs of struggle, presence of
saliva, blood, froth, semen, swab, vomit etc.

13.  (vi) Examining witnesses supposed to be conversant
with the facts and circumstances of the case.
 (vii) Preparing the report on the spot indicating,
among other things, the apparent cause of death.
 (viii) Affixing of the signature by the police officer to
the report and also getting therein the signature of
the persons who witnessed the inquest and concurred
with him (mentioned in clause (iii) above).
 (ix) Forwarding the report to the DM or the SDM.
(x) Sending the dead body to the authorised medical
officer for postmortem examination. A copy of the
Inquest report should accompany the memo of
requisition for post mortem examination.

16. Wounds
Abrasions

17. Wounds
Contusions

18. Wounds
Incised wounds

19. Wounds
Lacerated

21. Wounds
Penetrating

22. Ligature mark

23. Ligature Mark

24. Defense wounds

25. Postmortem hypostasis
 The red-purple colouring of the skin surface which
appears on dependent body parts after circulation has
ceased and gravity pulls the now-stagnant blood to
the lowest points of the body. The dark red-purple
background may be punctuated with whitish areas,
corresponding to areas on which the body was resting
at thetime of death, which compress the blood vessels
and prevent hypostasis in those areas.
 It starts in 20–30 minutes, but is usually not
observable by the human eye until two hours after
death. The size of the patches increases in the next 3–6
hours, with maximum lividity occurring between
eight and twelve hours after death. The discoloration
does not occur in the areas of the body that are in
contact with the ground or another object, in which
capillaries are compressed.

28. Inquest by the Executive
Magistrate - When Mandatory
 In the following cases, it is compulsory for nearest
Executive Magistrate empowered to hold inquests, to make
an inquiry into the cause of death :-
 When any person dies in the custody of the police.
 The case involves suicide by a women within seven years
of her marriage.
 The case relates to the death of a women 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.
 Sec. 176(1) read with Sec. 174(3)

29. Executive Magistrate - his duty -
on receipt of such information.
 i) The nearest Executive Magistrate empowered to hold inquests, on
receipt of information from the police or any other source, may, if he
thinks fit, direct the police not to hold inquest and upon such
direction, police investigation should have to make way for
magisterial inquiry. DM. or S.D.M. has power to issue general or
special order in this regard vide Sec. 174(i) Cr.PC. He should note
down the time and date of receipt of the information and also source
of such information.
 ii) Where the magisterial inquiry is mandatory, the nearest Executive
Magistrate must and where the magisterial inquiry is optional, the
competent Executive Magistrate may proceed as promptly as
possible to the spot where the dead body is lying. Inquest is to be
held on the spot.

30.  (iii) The Magistrate shall, wherever practicable, inform the relatives of
the deceased, whose names and addresses are known and allow them
to remain present at the inquiry. The expression "relatives" in this
context, means parents, children, brothers, sisters and spouse.
 iv) He shall carefully examine the dead-body and its surroundings. It is
desirable to do so in presence of two or more respectable inhabitants
of the neighbourhood.
 v) He should note down all relevant features, which include, among
other things, number, position and direction of wounds, fractures,
bruises and other marks of injury that may be found on the body,
signs of inflammatory reaction (swelling etc.) and signs of struggle, if
any
 vi) Before he commences examination of the dead body, he should take
steps for identification of the deceased by at least two persons who
have known him from before his death. Marks of identification, if any,
should be noted. Photograph of the deceased ought to be taken.

31.  vii) He should examine the persons who are supposed to be acquainted
with the facts and circumstances of the case and record their evidence.
He has power to administer oath vide Sec. 3 of the oaths Act (Act 44 of
1969), read with Section 176(2) Cr.PC.
 viii) Evidence of each witness should be recorded separately in the form
of a narrative. The proper way is to take down evidence in the first
person exactly as spoken by the witness. He may, in his discretion,
write any portion of the evidence in the form of question and answer.
 ix) If eye-witnesses are available, they should be called and examined,
it is however, not necessary that all of them must be examined.
 x) If eye-witnesses are not available, the Magistrate may examine other
persons who may and look for such circumstances as are likely to
throw light over the cause of death.

32.  xi) In case of death in police custody, the general
diary, connected case Diary, Lock up Register and
all other relevant records and documents should
be inspected. The Sentry on duty during period
and the co-prisoners, if any, should be examined.
 xii) He should draw up the report giving his
finding as to the cause of death and if necessary,
send copies to the DM or the SDM, as the case may
be.

33. INQUEST REPORT U/S 176 Cr.PC -
 INQUEST REPORT U/S 176 Cr.PC -
[In a case of unnatural, sudden or suspicious death within the
meaning of Sec. 174(1) CrPC where inquest has been held by a
competent Executive Magistrate]
 1. Date, time and place when and where the Magistrate
received intimation u/s 174(1) CrPC about the death.
 2. The substance of the information obtained by him and from
whom.
 Note : You may take the assistance of the Police Officer reporting the
death with a view to informing the relatives of the deceased as
required u/s 176(4) CrPC.
 The place where the dead body was found,
 Inquest:
 Commenced at (time) on (date)
 Closed at (time)_ on (date)

34.  5. Dead body identified by (their names and essential
particulars) -
Relatives may identify. If relatives are not available,
those who had known the deceased may identify.
 6. Marks of identification, if any, such as moles,
scars, etc.
 7. Name, parentage, sex, age, caste and residence of
the deceased.
 8. Relatives, if any, present, at the inquest (their
names, addresses and relationship with the
deceased).
 9. Names and other necessary particulars of two local
and respectable witnesses in whose presence the
Inquest was held
(for Magisterial inquest, presence of witnesses to the
Inquest is not compulsory, though may be desirable).

35.  10. Description of the corpse (after close observation, of all parts
of the body in good light, generally under sun light during day
time).
Cavities such as those pertaining to Nose, Ear, Mouth, Vagina etc
should be closely examined.
 Note down all relevant features, which include, among other
things, the following :-
 (a) Position and attitude of the body.
 (b) Number, position, length, breadth and direction of wound(s)
(not depth).
 (c ) Nature of wounds - incised, lacerated, bruises, fractures (so
far they are visible on external examination and could be
ascertained by a non-medical magistrate).
 (d) Signs of ligature marks, if any.
 (e ) Signs of inflammatory reaction (swelling etc.) if any.
 (f ) Expression of countenance.
 (g ) Position of limbs, eyes and mouth.
 (h) Presence of blood (liquid or clotted), saliva, froth, vomit,
semen, swab, eta if any.
 (i) Condition of clothes/ornaments.

36.  11. Is the body well nourished and vigorous or
emancipated and weak?
 12. Viewing of the surroundings in their totality with
the dead body lying therein. Note down the following
among other things
(a) Marks of violence or struggle,
 (b) Articles such as rope, weapon, ammunition,
instrument, phial, used cartridge, chemicals.
 (c) Suicide note, If any
 (d) Foreign natters such as - weeds straws etc. in the
hair or clenched in (he hands of the deceased or
attached to part of the body.
 (e) Are there circumstances available on the scene to
show that the deceased killed himself.
 (f) Do you notice anything in the surroundings to
suspect foul play.

37.  13. Number and Names of the witnesses examined
by the Magistrate and substance and weight of their
Evidence,
 NOTES:
 (i) The witnesses referred to in clause (13) above should be
persons who appear to be acquainted with the facts and
circumstances of the case, in other words, who may be in a
position to throw light over the cause of death.
 (ii) The statements of the witnesses should be recorded
separately.
 14. Opinion of the Magistrate as to cause of death as
could be ascertained by him, based on his inspection
of the scene, close examination of the dead body and
evidence adduced in the witnesses.

38.  15. Whenever there are wounds, fractures, bruises
and other marks of injury as may be found on the
body, the Magistrate should state in what manner
or by what weapon or Instrument, if any, such
injuries/marks appear to have been caused.
 16. Sketch plan of the place where the dead body is
found and photograph taken, if any.
 17. Has the Magistrate held the inquest in
addition to or in lieu of Police Investigation
(Inquest) u/s 174/175 Cr.PC.

39.  18. Upon a consideration of the totality of the
material including the examination of the dead
body, inspection of the scene and testimony of
the witnesses are there grounds for suspecting
foul play.
 19. Is it a case where the person died in police
custody
 20. Actions proposed to be taken, if any, in
pursuance of the magisterial inquest