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Witness

An inquest is a legal inquiry conducted to determine the cause and circumstances of death in cases of sudden, suspicious, or unnatural deaths. An inquest seeks to answer who the deceased was, when and where they died, the medical cause of death, and how death occurred. In Bangladesh, there are two types of inquests under the law: police inquests conducted under Section 174, and magistrate inquests which may be conducted instead of or in addition to a police inquest under Section 176. An autopsy, also known as a post-mortem examination or necropsy, is the examination of a deceased body to determine the cause of death, for legal or research purposes. It

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116 views4 pages

Witness

An inquest is a legal inquiry conducted to determine the cause and circumstances of death in cases of sudden, suspicious, or unnatural deaths. An inquest seeks to answer who the deceased was, when and where they died, the medical cause of death, and how death occurred. In Bangladesh, there are two types of inquests under the law: police inquests conducted under Section 174, and magistrate inquests which may be conducted instead of or in addition to a police inquest under Section 176. An autopsy, also known as a post-mortem examination or necropsy, is the examination of a deceased body to determine the cause of death, for legal or research purposes. It

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MH MOHSIN
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Inquest V Post-mortem

Inquest Report: Inquest report is an official process to discover the cause of


someone's death. An inquest is always held if murder is suspected.
Purpose of an inquest
An inquest is a public judicial inquiry to find the answers to a limited but
important set of questions:
1. Who the deceased was?
2. When and where they died;
3. The medical cause of their death;
4. How they came by their death

Legal Procedure at an Inquest

An inquest is a legal inquiry into the circumstances and the cause of death of a
deceased person in cases of sudden, suspicious and unnatural deaths. At
present, in Bangladesh two types of inquests are followed;

1. Police inquest; and


2. Magistrate’s inquest.

Police inquest: In accordance with S-174, the officer in charge of a police-station


or some other police-officer specially empowered receiving information that a
person-

a. has committed suicide, or


b. has been killed by another, or by an animal, or by machinery or by an accident,
or
c. has died under circumstances raising a reasonable suspicion that some other
person has committed an offence,
shall immediately give intimation thereof to the nearest Executive Magistrate
empowered to hold inquests, shall proceed to the place where the body of such
deceased person is, and there, in the presence of two or more respectable

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inhabitants of the neighborhood, shall make an investigation, and draw up a


report of the apparent cause of death, describing such wounds, fractures,
bruises and other marks of injury as may be found on the body, and stating in
what manner, or by what weapon or instrument (if any), such marks appear to
have been inflicted:
Provided that, unless the Government otherwise directs, it shall not be necessary
under this sub-section, in any case where the death or any person has been
caused by enemy action, to make any investigation or to draw up any report or
to send any intimation to a Magistrate empowered to hold inquests.
2. The report shall be signed by such police-officer and other persons or by so
many of them as concur/agree therein, and shall be forthwith forwarded to
District Magistrate.
3. When there is any doubt regarding the cause of death, or when for any other
reason the police-officer considers it expedient so to do, he shall forward the
body, with a view to its being examined, to the nearest Civil Surgeon, or other
qualified medical man appointed in this behalf.
4. The following Magistrates are empowered to hold inquest, namely, any
District Magistrate or any other Executive Magistrate specially empowered in
this behalf.
Magistrate’s inquest: S-176-When any person dies while 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
hereinafter prescribed according to the circumstances of the case.

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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 (buried), in order to discover the cause of his death, the Magistrate
may, cause the body to be disinterred and examined.
The Supreme Court of India in KP Rao v Public Prosecutor, 1975 SCC (CV) 678
notes that the officer holding an inquest on a dead body should hold the inquest
on the spot. However, it is noted that many investigating officers shift the body
to the mortuary and hold the inquest which is not correct practice.
Autopsy/ Post-mortem Examination
The word autopsy is derived from the Greek word Autopsia: "to see with one's
own eyes. “Post mortem is otherwise known as autopsy or necropsy. An autopsy
is the examination of the body of a dead person. An autopsy may be restricted to
a specific organ or region of the body. Autopsies are performed to determine the
cause of death, for legal purposes, and for education and research.

Note: A coroner is a judicial officer responsible for investigating deaths in certain


situations

Object of Autopsy

1. To determine the cause of death;


2. To identify dead body;
3. To ascertain the time since death;
4. To find out whether the death is natural or unnatural. If unnatural
whether it was homicidal, suicidal or accidental;
5. Death was sudden or unexplained;
6. Mode/Manner of death;
Distinction

Forensic Post-Mortem Academic Post-Mortem

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To know the cause of death To know the extent of illness for


which the deceased was being
treated

It does not require consent of It requires consent of relative of


relative of deceased deceased

Requisition from the legal authority is No requisition from the legal


necessary authority is necessary

Section-509A: Post Mortem report is admissible evidence when three


requirements laid down in the section are satisfied. (EzaharSepai Vs the State,
40 DLR, (1988), P, 177.

The post Mortem report was not substantive evidence before insertion of sec-
509A in the Code of Criminal Procedure by ordinance No.24 of 1982.

Non-examination of the doctor was not fatal for the prosecution case. Conviction
can be based on the evidence of a solitary witness if the testimony is not tainted
with suspicion.

Q-No-01: What is Inquest Report? What are the objects of Inquest? Explain the
classifications of Inquest report mentioning the relevant provisions of the laws in
Bangladesh.
Q-No-02: What is the distinction between Autopsy and Inquest Report? What
will prevail if there is conflict between Inquest Report and Post-mortem Report?
Explain in Reference of Bangladesh Laws.

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