Inquest
Definition
- An inquest is a legal inquiry into the circumstances and cause of death in which circumstances
- It is conducted in cases of sudden, suspicious, or unnatural deaths.
Types of Inquest:
- Police Inquest.
- Magistrate’s Inquest.
- Coroner’s Inquest.
- 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
- Dowry death.
- Death of a convict in prison
- Death of a person in police custody
- Death of a person as a result of police firing
- Death in psychiatric hospital
- 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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