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Inquest

Inquest


Definition

  • An inquest is a legal inquiry into the circumstances and cause of death in which circumstances
  • It is conducted in cases osuddensuspicious, or unnatural deaths.

Types of Inquest:

  1. Police Inquest.
  2. Magistrate’s Inquest.
  3. Coroner’s Inquest.
  4. Medical Examiner’s Inquest.
  • Police and Magistrate’s Inquest are commonly held in India.

1. Police Inquest: 

  • Most common inquest
  • Senior head constable can investigate
  • Conducted by an officer in charge of a police station (sec. 174 Cr.P.C).
  • The police officer making the inquest is known as Investigating Officer (IO).
  • Before conducting the inquest, police should inform magistrates
  • Proceeds to the place of death.
  • IO then conducts an inquest in the presence of two or more respectable inhabitants of the neighbourhood (panchas).
  • After the necessary investigation, a report is drawn up on the apparent cause of death as judged by the state of the body, circumstantial evidence, etc.
  •  This document is called Panchanama or Inquest Report.
  • Panchnama has to be signed by IO
  • if any foul play or unnatural death is suspected, the police officer forwards the body for postmortem examination to the nearest medical officer, along with a written request and a copy of the panchanama. 

2. Magistrate’s Inquest:

  • Conducted by a District Magistrate(Collector/Deputy Commissioner), Sub-divisional Magistrate(RDO), Tahsildar or any other executive magistrate.
  • Done in cases of 
  1. Dowry death.
  2. Death of a convict in prison   
  3. Death of a person in police custody
  4. Death of a person as a result of police firing    
  5. Death in psychiatric hospital     
  6.  Exhumation.  
  • In any case of death, a Magistrate may conduct an inquest, instead of or in addition to the police inquest (sec. 176 Cr.P.C).

3. Coroner’s Inquest: 

  • Conducted by a coroner who is either a medical professional with legal qualifications or a graduate in law.  
  • This system of inquest does not exist anywhere in India.
  • It is prevalent method of inquiry in the UK, Australia, New Zealand, Sri Lanka and some states of the USA.
  • Not present in India
  • Coroner conducts inquest in all unnatural and suspicious deaths.

4. Medical Examiner’s Inquest:

  • Type of inquest conducted in most of the states of USA, Japan.
  • Not present in India
  • 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.
Exam Question
 
  • In Death due to police firing, inquest is done by District magistrate
  • In India, magistrate inquest is not done in Murder cases
  • After postmortem body is handed over to The authority who has conducted inquest in that particular case
  • In Police inquest  Senior head constable can investigate
  • Police inquest is Most common inquest
  • In Police inquest Panchnama has to be signed by IC
  • The enquiry into the circumstances of death is called Inquest report
  • A lady died due to unnatural death within seven years after her marriage. The inquest in this case will be done by Sub-divisional Magistrate
  • In case of death in lock up, the inquest is held by Magistrate
  • Police inquest is required in  Sucide, Accidental death , Murder, Homicidal death, Death by animals
  • Inquest of Dowry death is done by Magistrate
  • Inquest for custodial death is held by Magistrate
  • Inquest not present in India are Medical examiner system & Coroner’s inquest
  • Before conducting the inquest, police should inform Executive Magistrate
  • Magistrate’s inquest is conducted by District, Executive  or Sub-Divisional Magistrate
  • Sec. 176 CrPC is related to Magistrate inquest
  • Magistrate inquest not needed in Homicide
  • Magistrate inquest is done in case of Death in psychiatry hospital
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