Inquest

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.)

Magistrate REF: Parikh 6^th 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.

1. Admission of a mentally ill person in a psychiatry hospital or a psychiatric nursing home under certain provisions of Mental health act 1987
2. Death of a convict in jail
3. Death of a person in police custody or police interrogation
4. Death as a result of police shooting/ killing
5. Exhumation cases
6. Dowry deaths (ie with in 7 years of marriage) (Section 176 CrPC)

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

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)

D i.e. I.O may not summon

Police inquest

• A most common type of inquest in India.

• Investigating officer, not below the rank of senior head constable and usually a sub-inspector section (174 CrPC)

• 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.

• 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.

• In case of suspected doubt, the body is sent for post mortem else the body is handed over to relatives’

• The autopsy report is forwarded to Magistrate, who conducts further inquiry & trial if the report indicates death is due to unnatural cause.

• 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. 

• Refusal is punishable with imprisonment up to six months ( section 179 IPC)  

C i.e. Sub divisional magistrate

B i.e. Magistrate

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.

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.

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.

Ans. B and C

Ans. Executive Magistrate

Ans. Any of the above

Ans. Homicide

Ans. is ‘c’ i.e., Death in a psychiatry hospital

• Magistrate’s inquest is done under sec 176 CrPC is a case of:-

1. Death in prison, reformatories, Borstal school.
2. Death in police custody while under police interrogation.
3. Death due to police firing.
4. Dowry death; i.e. death of a married female less than 30 years of age or death within 7 years of marriage.
5. Exhumation.
6. Death in a psychiatry hospital.
7. Custodial rape.