INQUEST

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INQUEST

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Inquest by an Executive Magistrate.

Inquest is a summary investigation..

.SMART INQUEST.

.SMART INQUEST.S- Specific.M- Measurable.A- Achievable.R- Result oriented.T- Time bounded.

. INQUEST.

Inquest…….…. Inquisition…. Inquiry……..

. CRIMINAL PROCEDURE CODE.

Section- 174—175---176

.DEATH

Natural…..Un natural…….

. 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

. UN NATURAL DEATH

S-174 Cr. PCThe Execute 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.

.Normal Procedure.

1.Police sent FIR and request for conducting Inquest to SDM (RDO).2.RDO authorises Tahsildar (EM) to conduct Inquest.

.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.

2. Ensure that the body to be

inquested is a human

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.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 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.

5. Uncover the body and examine all the points which may be useful in the investigation.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- urachil2.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.)3.Nail clippings also may be taken.4.Cellophane tape test.5.Ligature.

.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.

2. Deceaseds NameSexAgeCallingFathers nameResidence.

.Questions.

3. By whom first found dead?

When & Where.

.Questions.

3. HeightColour &Discriptive marks.

.Questions.

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

.Questions.

5.HeightColour &Discriptive marks.

.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 purose 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 panchayathdars 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 DCRB4- To be kept with the EM.

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

INQUEST

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