6/10/2020 Exhumation

Procedure

Assignment NO 1: Medical and Forensic law

Submitted to:
Sir Irfan Dar Younas
Submitted by:
Salma akram
15091624-059
LLB (hons.10th semester (morning)
School of law, University of Gujrat
Exhumation

Definition of exhumation:

Exhumation is an act of removing a dead body from the ground after it has been
buried. Simply, it is an action of digging up something buried, especially a corpse.

Exhumation is most often done to relocate a body to a different burial spot.

Families may make this decision to locate the deceased in a more pertinent or
convenient place. In shared family burial sites (e.g. a married couple), if the
previously deceased person has been buried for an insufficient period of time the
second body may be buried elsewhere until it is safe to move it to the requested
grave.

Legal Exhumation:

In most jurisdictions a legal exhumation usually requires a court order or

permission by the next of kin of the deceased. in many countries permits are
required by some governing agency or relevant authorities like the board of health
in order to legally conduct a disinterment.

It is done for an examination of a dead body taken out of the grave for the
suspicion of death because of poisoning or any other foul play. Arsenic poisoning

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has a special significance because of its high content in various parts of the body
on post-mortem analysis of exhumed bodies.

Cases in which exhumation is performed:

Autopsies are performed on exhumed bodies in the following circumstances:

1. In Criminal Cases: e.g., homicide, suspected homicide masked as suicide,

suspicious poisoning. death as a result of criminal abortion and malpractice.
2. In Civil Cases: such as accidental death claim, liability for malpractice,
survivorship and inheritance claims or disputed identity

Who may file a case for exhumation of dead body:

It is consistent view of the Superior Courts that exhumation of dead body could be
ordered on the request or information of even a stranger for the purpose to know
the actual cause of death.

Procedure for exhumation:

Here is a basic procedure for preforming exhumation which is kept in view during
this act:

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 I. Time:
Exhumation is usually done in broad daylight. For this reason, the
exhumation team should reach the site of burial (graveyard) in the
early morning hours.
II. Who should be present:
Exhumation is carried out by the order of:

1. District Magistrate

2. Coroner

3. Sub-Divisional Magistrate.

III. Identification of the grave

The grave is identified properly, with the help of relatives and the
official in charge of the graveyard.
IV. Screening off the area:
If there are too many curious spectators, the area should be screened
off. Professional diggers are then requested to remove soil from the
grave. When the coffin becomes visible, strong ropes are passed
beneath the coffin, and it is lifted up.
V. Collection of soil:
Soil from above, below, and from all four sides of the coffin should be
collected and preserved in separate glass jars, with identification tags.
In addition, at least two samples must be taken from some distance -
say around 25 to 30 yards from the grave. This is very necessary in
some poisoning cases. One example would make the situation clear. If
the person is alleged to have been killed by administration of arsenic,
and arsenic is found in the body after exhumation, the defense may

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 take the plea that the arsenic found in the body leached in the body
from the surrounding soil. It is well known that soil may contain
traces of arsenic. An examination of soil recovered from around the
grave would reveal whether there was arsenic in the surrounding soil
or not. Even if arsenic is present in the surrounding soil, it does not
necessarily mean that the defense would become very strong. If the
concentration of arsenic found in the body is more than that found in
the soil, it clearly indicates that arsenic could not have passively
diffused from the soil to the body.
VI. Examination-in-situ:
It is customary to open the lid of the coffin once it is brought out of
the grave. It not only allows foul gases to escape in open air (rather
than be released in the mortuary later), but also enables the pathologist
to make a quick examination of the remains. When the coffin is
opened, the medical officer in-charge should first of all examine the
body in situ, and preferably take photographs. Bones may be friable,
and may break during subsequent handling, so in situ examination is
often quite helpful.
VII. Post-mortem
After an in situ examination is done, the body is transferred to the
mortuary for a post-mortem. Here the post-mortem is done as in any
other case. If there are worms or other insects over the body, it might
be tempting to sprinkle insecticides over the body, but it should never
be done, as it might interfere later with the determination of poison in
the body. If the smell is too offensive, it is advisable to wear a gauze
mask dipped in a solution of potassium permanganate. Samples of
viscera should be taken for detection of poisons. Many poisons, such
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 as metallic poisons remain in the body for several years. Hair, nails
and bones such as femur may also reveal metallic poisons like arsenic

After Exhumation:

After exhumation is carried out successfully, the Post-Mortem takes place and has
to be done by Medical Officer and the following parts are sent for chemical
examination:

(a) Earth taken from above the Coffin.

(b) Earth taken from below the Coffin.

(c) Earth taken from within the Coffin.

(d) Hair from head

(e) Hair from pubes. (f) Nails, Teeth. (g) Bones (h) Heart

Time Limit for Examination:

In Pakistan and England there is no time limit for the exhumation. While in
France it is 10 Years, Scotland 20 Years and in Germany it is 30 Years.

Practical problems which lead to exhumation:

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Following is the practical problem in crime detection in Pakistan which leads to
exhumation;

 The investigating Police officer may not find time to reach the scene of
death due to his other engagements. Therefore, time is lost in obtaining clues
to the crime and decomposition of the body starts making more difficult for
the medical officer to give a cause of death.
 The police officer lacks training in the filed of medical jurisprudence and
therefore the reports lack completeness. By the time the body reaches the
medical officer the body is under decomposition. Therefore, the difficulty in
detection of crime.
 Many times, the relatives and friends of the deceased conceal information in
order to avoid their presence in the Court of Law.
 The geographical and climatic condition of the country favor early
decomposition of the body. The areas being large may make it difficult to
take the body to the concerned medical officer.
 Familial enmity leads to conspiracy and false implication of charge of
murder.
 The forensic specialist usually does not visit the scene of the crime and thus
misses considerable information.

Relevant provisions:

Section 176 of Code of Criminal Procedure,1898:

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Inquiry by Magistrate into cause of death:

(1) When any person dies when in the custody of the police, the nearest Magistrate
empowered to hold inquests shall, and, in any other case mentioned in section
174, clauses (a), (b) and (c) of sub-section (1), any Magistrate so empowered
may hold an inquiry into the cause of death either instead of, or in addition to,
the investigation held by the police-officer, and if he does so, he shall have all
the powers in conducting it which he would have in holding an inquiry into an
offence. The Magistrate holding such an inquiry shall record the evidence
taken by him in connection therewith in any of the manners W.P. No.33-Q of
2015/BWP. 4 hereinafter prescribed according to the circumstances of the
case.
(2) Power to disinter corpses: Whenever such Magistrate considers it expedient
to make an examination of the dead body of any person who has been already
interred, in order to discover the cause of his death, the Magistrate may cause
the body to be disinterred and examined.

Qanoon-e-Shahadat Ordinance, 1984 relevant orders are; 46, 47, 59, 60, 66, 128,
15, 132, 133, 136, 137, 138, 141, 153, 155, 156, 161.

Case laws:

Cases that support the act of exhumation are as follows:

 2008SCMR1086
 2006SCMR1468

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  PLD2020LAH.394
 2019MLD1597
 2018MLD460
 2018PCRLJ1455

Cases in which exhumation was not allowed:

 2014PCRLJ1030
 2015YLR2230
 PLD2007LAH.435