Inquest

Introduction

• An inquest is a judicial inquiry in common law jurisdictions, particularly one held to determine the cause of a person’s death. Conducted by a judge, jury or government official, an inquest may or may not require an autopsy carried out by a coroner or medical examiner.

 TYPES OF INQUEST

1. Police inquest
2. Magistrate inquest
3. Coroner’s inquest
4. Medical examiner’s inquest.

At present, in India two types of inquest are followed,

1.Police inquest

2.Magistrate’s inquest.

1. POLICE INQUEST:

• Conducted by an officer in charge of a police station. It’s usually conducted by an officer of the rank of sub inspector of police. The police officer making the inquest is known as investigating officer (I.O.).
• Police inquest is conducted under S.174 of Cr PC if the police officer in charge 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.
• Before the inquest is done by police it should be informed to the executive magistrate of the area. The inquest report prepared by the police is known as Panchnama.
• In case of any doubt regarding the cause of death or in case of any unnatural the body of deceased is sent by investigating officer for autopsy to the concerned medical officer with the inquest report.
• On refusing to give answer questions, person can be punished under Sec. 179 IPC with imprisonment upto 6 months and/ or fine of Rs. 1000/.

2. MAGISTRATE INQUEST

• This is empowered by a district magistrate, sub- divisional magistrate or any executive magistrate especially empowered by the state government such as collector, deputy collector or Tahsildar.
• In case of any death a magistrate may conduct an inquest instead of or in addition to the police inquest (S.176, Cr.P.C.).
• Magistrate inquest is conducted in case of

1.  Death in prison
2.  Death in police custody 
3.  while under police interrogation
4.  Death due to police firing
5.  Death in a psychiatric hospital
6. Dowry deaths
7.  Exhumation (S.174(4) and 176, S.CrP.C) 

CORONER’S INQUEST

• According to Coroner’s Act 1871 coroner’s inquest existed in Mumbai. Coroner used to be a special officer appointed by the government to inquire into causes of unnatural deaths.
• The Coroner was required to have a legal qualification and is usually an advocate, attorney, pleader, or first class magistrate, or a transferred metropolitan magistrate (all of whom must have a minimum of five years’ experience in the legal field).
• He held the rank of a First Class Judicial Magistrate. The coroners court was a court of inquiry and not a trial court. After conducting an enquiry into the cause of death, if the Coroner found ample evidence against some suspect, he would forward a copy of his inquisition report to the Commissioner of Police, and he would take further action in this regard.
• Coroner’s court was discontinued on 29 July 1999.

 Medical Examiner’s Inquest:

• Type of inquest conducted in most of the states of USA, Japan.
• All sudden, unexpected, or unnatural deaths are analysed by a medical examiner who is a forensic pathologist.
• As the doctor visits the scene of crime and conducts the inquest it is superior to all other types of inquest.

Other points:

• According to s 162 of Cr Pc, when the investigating officer asks fora statement, the medical officer has to give it unless otherwisedirected by any other rule prescribed by the state government.
• After preparing the post-mortem report, the original is given tothe investigating officer and the duplicate is kept in the officerecords for subsequent reference. It is studied by the doctor atthe time the he is summoned in that case by the court of law. 
• When the medical officer finds grave differences between the inquest and the autopsy, he can inform the investigating officer through the police constable to meet him at the earliest. Even if there is some discrepancy between the inquest report and the postmortem report, the list of injuries mentioned in the inquest report cannot prevail over the details of the postmortem report.

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