Inquest
| A | Assistant commissioner of police | |
| B |
District magistrate |
|
| C |
Doctor |
|
| D |
All of the above |
In Death due to police firing, inquest is done by?
| A |
Assistant commissioner of police |
|
| B |
District magistrate |
|
| C |
Doctor |
|
| D |
All of the above |
Normally Inquest in India is conducted by a police officer as per the provisions of Criminal Procedure Code.
But in certain conditions as outlined in Criminal Procedure Code 176 the inquest is conducted by a Magistrate. Such conditions are (Magistrate inquest, which is conducted by a District Magistrate (CollectorlDeputy Commissioner), Subdivisional Magistarte (S.20 to 23 Cr. PC), especially empowered by State govemment (executive magistrate) is done in following cases):
- ·Death in Police Custody or while under Police Interrogation
- ·Death due to Police Firing
- ·Death in Prison, reformatories, Borstal school
- ·Death in psychiatric hospital.
- ·Dowry Deaths – Death ofa female within 7 years of marriage or death in suspicious conditions
- ·Exhumation (S.174 (4) and S.l76, Cr.P.C.)
If death of a married women occurs within 7 years of her marriage, the inquest is done by:
| A | Police | |
| B |
Magistrate |
|
| C | Coroner | |
| D |
None |
Magistrate REF: Parikh 6th edition page 1.7
Magistrate inquest means an inquiry conducted by a magistrate to ascertain the matter of fact. It is commonly held in following cases.
- Admission of a mentally ill person in a psychiatry hospital or a psychiatric nursing home under certain provisions of Mental health act 1987
- Death of a convict in jail
- Death of a person in police custody or police interrogation
- Death as a result of police shooting/ killing
- Exhumation cases
- Dowry deaths (ie with in 7 years of marriage) (Section 176 CrPC)
| A | Exhumation cases | |
| B |
Murder cases |
|
| C |
Dowry deaths within 5 years of marriage |
|
| D |
Death of a person in police custody |
Police inquest is made by sub inspector of police (S.174,CrP.C). Police inquest is made in cases of suicide, murder, death caused by animal or machinery or by an accident.
Magistrate’s Inquest is done by a District magistrate, Subdivisional magistrate, Tahsildar or any other Executive magistrate especially empowered by the state government. It is considered to be superior to police inquest.
Ref:The Essentials of Forensic Medicine and Toxicology By Dr KS Narayan Reddy, Pages 4-5
If death of a married women occurs within 7 years of her marriage, the inquest is done by:
| A |
Police |
|
| B |
Magistrate |
|
| C |
Coroner |
|
| D |
None |
Magistrate inquest means an inquiry conducted by a magistrate to ascertain the matter of fact. It is commonly held in following cases.
- Death in mental hospital
- Death of a convict in jail
- Death of a person in police custody or police interrogation
- Death as a result of police shooting/ killing
- Exhumation cases
- Death of a woman within 7 years of her marriage either by suicide or in any circumstance raising a reasonable suspicion (Section 176 CrPC)
| A |
Senior head constable can investigate |
|
| B |
Most common inquest |
|
| C |
Panchnama has to be signed by I.O |
|
| D |
I.O may not summon |
D i.e. I.O may not summon
Police inquest
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A most common type of inquest in India.
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Investigating officer, not below the rank of senior head constable and usually a sub-inspector section (174 CrPC)
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On getting information of suicide, murder or death in suspicious circumstances, he immediately gives intimation about it to the nearest Executive Magistrate empowered to hold inquest & proceeds to the place where the dead body is.
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There, in the presence of 2 or more than 2 respectable persons (panchas) makes an investigation and prepares an inquest report(Panchanama) signed bY IO & Panchas.
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In case of suspected doubt, the body is sent for post mortem else the body is handed over to relatives’
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The autopsy report is forwarded to Magistrate, who conducts further inquiry & trial if the report indicates death is due to unnatural cause.
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IO may summon a person who appears to know the facts of the case and the person is bound to attend and answer the questions.
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Refusal is punishable with imprisonment up to six months ( section 179 IPC)
A lady died due to unnatural death within seven years after her marriage. The inquest in this case will be done by
| A |
Forensic medicine expert |
|
| B |
Deputy Superintendent of Police |
|
| C |
Sub-divisional Magistrate |
|
| D |
Coroner |
C i.e. Sub divisional magistrate
In case of death in lock up, the inquest is held by
| A |
A police officer |
|
| B |
Magistrate |
|
| C |
Panchayat officer |
|
| D |
District Attorney |
B i.e. Magistrate
Police inquest is required in all except:
| A |
Suicide Death |
|
| B |
Accidental death |
|
| C |
Dowry death |
|
| D |
Murder |
Ans. C: Dowry death
Police inquest is done in cases of :-
i) Death by suicide
ii) Death by killing by another person (murder) or an animal or machinery
iii) Death by accident
iv) Death under circumstances raising a reasonable suspicion that some other person has committed an offence.
Magistrate’s inquest is done under sec 176 CIPC is a case of:-
i) Death in prison, reformatories, Borstal school.
ii) Death in police custody while under police interrogation.
iii) Death in a psychiatry hospital.
iv) Dowry death; i.e. death of a married female less than 30 years of age or death within 7 years of marriage.
v) Death due to police firing.
vi) Exhumation
vii) Custodial rape.
September 2009
| A |
Police |
|
| B |
Magistrate |
|
| C |
Coroner |
|
| D |
Medical examiner |
Ans. B: Magistrate
In dowry deaths inquest should be carried out by a magistrate or police officer not below the rank of deputy superintendent of police.
Inquest for custodial death is held by:
September 2005
| A |
Doctor |
|
| B |
Magistrate |
|
| C |
Sub-inspector |
|
| D |
District attorney |
Ans. B: Magistrate
Simply stated, the death if a person in custody whether of the police or judicial will amount to Custodial Death. The Magistrate inquest is mandatory for any death of a person in custody to ensure examination of the circumstances leading to death.
Inquest not present in India:
PGI 12
| A |
Magistrate inquest |
|
| B |
Medical examiner system |
|
| C |
Coroner’s inquest |
|
| D |
b and c |
Ans. B and C
Before conducting the inquest, police should inform:
MAHE 10
| A |
Director general police |
|
| B |
Sessions Judge |
|
| C |
Executive Magistrate |
|
| D |
Senior police officer |
Ans. Executive Magistrate
Magistrate’s inquest is conducted by:
MAHE 06
| A |
District Magistrate |
|
| B |
Executive Magistrate |
|
| C |
Sub-Divisional Magistrate |
|
| D |
Any of the above |
Ans. Any of the above
Magistrate inquest not needed in:
JIPMER 14
| A |
Homicide |
|
| B |
Exhumation |
|
| C |
Police custody death |
|
| D |
Dowry death |
Ans. Homicide
Magistrate inquest is done in case of ‑
| A |
Death by suicide |
|
| B |
Death by accident |
|
| C |
Death in psychiatry hospital |
|
| D |
Death in suspicious circumstances |
Ans. is ‘c’ i.e., Death in a psychiatry hospital
- Magistrate’s inquest is done under sec 176 CrPC is a case of:-
- Death in prison, reformatories, Borstal school.
- Death in police custody while under police interrogation.
- Death due to police firing.
- Dowry death; i.e. death of a married female less than 30 years of age or death within 7 years of marriage.
- Exhumation.
- Death in a psychiatry hospital.
- Custodial rape.

