Inquest Procedure in Judicial Investigation in India

The term ‘Inquest’ means (quasistus i.e., referred as ‘to seek’); legal or judicial inquiry to ascertain a matter of fact. In broad terms, it can be understood as ‘inquest that implies to inquiry about the cause of death, which is apparently not due to natural causes. Such an inquiry and investigation of sudden, suspicious, or unnatural death is obviously necessary to apprehend and punish the offender.’ Or it can be said as the legal enquiry into the circumstances and the cause of death a deceased person in cases of sudden, suspicious and unnatural death, or generally it’s said to be the preliminary enquiry in to the cause of sudden suspicious unnatural death is known as Inquest.

Meaning and Relevant Law As To Inquest Under Code Of CRIMINAL PROCEDURE Code and Coroners Act;

An ‘inquest report’ or ‘panchnama’, is a report in which the available history of the case and circumstances under which the body was found or recovered are recorded. This recorded opinion of the witnesses and the police officer’s, regarding the injuries, manner of their causation, the cause of death, and indication of suspected foul play, if any.

Relevant laws, as to inquest in India are under Ss 174 & 176 of Cr.P.C, 1973. Under s.174 of the code, it empowers the police to inquire report on suicide and suspicious deaths, and s.176 of the Code, provides for inquiry by magistrate in to causes of said suicide and deaths.

Legislative Background; Under sub sec. - 3 of sec. 174, was added by the criminal Law (Second Amendment) Act, 1983 to the Cr.P.C., this amendment was introduce and enacted to deal with the increasing incident of dowry deaths cases, as well as in the cases of cruelty to married women by their in-laws. Proviso was made for inquest by executive magistrate for postmortem in all cases where a woman has within seven year of marriage committed suicide or death in circumstances raising reasonable suspension that some other person has committed an offence under s 498A of Indian Penal Code, 1860 which says about cruelty by husband or relatives of husband.

Scope and object of Inquest proceedings under India Criminal Procedure Code;

The main purpose inquiries in cases of accidental or suspicious death Ss. 174, 175, and 176 of the act, which deals with inquiries in to suicide or in cases of sudden, violent or unnatural death, the main object of inquest proceedings is to ascertain, (i) whether a person has died under unnatural circumstances or an unnatural death and if so, what the cause of death?, (ii), where the question’s regarding the details as to how the deceased was assaulted?, (iii) who assaulted him? and (iv) what circumstances he was assaulted is foreign to the ambit of scope of the proceedings under sec. 174 of the Code?

Courts while dealing these prepositions have clarified that, the names of the assailants and the manner of assault are not required to be mentioned in the inquest report. The proceedings which are conducted under these circumstances are judicial proceedings and the High Courts in India, shall exercises its jurisdiction over such proceeding under Ss. 397, 401 read with 482 of the code. To understand further legal procedure at an inquest are dealt in different sub heads to understand properly; Coroner’s inquest; police inquest; and magistrate’s inquest under judicial investigation.

Coroner’s INQUEST and the reforms under Indian Legal System

Significance of the term Coroner;

The term ‘coroner’ was originated from Common Legal System, it’s also known as ‘crown’, or (corona curia regis or custodes placitorum coronae) i.e., a forensic examiner who is responsible for examining any suspicious or unnatural death. He is the person appointed by the State Govt. to inquire into causes of all unnatural or suspicious deaths. The office of the coroner is an exceptionally earliest office about the nine twenty five years of the English Common Law. The vital question that comes out which are discussed elaborately; Who are coroners and how do they perform their functions in crime detection?  This can be responded as coroner’s is a person appointed by a state government; he is usually an advocate, attorney or first class magistrate with at least five years experience. He presides over the Coroner’s court. His territorial jurisdiction extends over to the city limits only. He is governed by the Act, known as Coroner’s Act.

Coroner’s inquest in India and their Functions:

In India, a special officer known as the coroner is appointed by the government to inquire into causes of all unnatural or suspicious deaths. He is usually an advocate, attorney, pleader, or first class magistrate with five years experience, or a transferred metropolitan magistrate. He presides over the coroner’s court. He is of the rank of first class judicial magistrate and his territorial jurisdiction extends to the city limit only. He is governed by an act known as the Coroner’s Act (1871). Under this Act, his functions are as follows: (1) He is empowered to inquire into causes of all unnatural or suspicious deaths and also deaths occurring in jails within his jurisdiction. He can commit any suspected person or accused to stand a trial before a magistrate.

(2) He can view a dead body to decide whether or not an autopsy is required and, if necessary, hold an inquiry on it with the help of a jury.

(3) He can order the exhumation of a body for identification or for medico legal examination.

(4) He is authorised to order any registered medical practitioner (usually the Police Surgeon) to hold a postmortem examination and summon him as well as other persons as expert witnesses to give evidence in his court.

(5) He can appoint a deputy coroner during his sickness or absence due to unavoidable circumstances.

Purpose and Function:

The purpose and philosophy underlying the function of coroner’s can be traced from historical case of R. v. West Yorkshire Coroner, ex parte Smith in the following words: it says…. “with all respect to the learned Judges of the Divisional Court, I do not accept their premise that there is no warrant in any of the legislation or at common law to support the proposition that an inquest can be held where both the cause of death and the death itself occurred outside the jurisdiction of the English courts.” But no justified test was laid down in particular aforesaid case law mentioned, in R. v. N. Humberside, (Court of Appeal) where the purpose underlying an inquest by the Coroner was explained in the following words: An inquest is a fact finding inquiry, conducted by a Coroner with or without a Jury, to establish reliable answers to four important but limited factual questions. The first of these relates to the identity of the deceased, the second to the place of his death, the third to the time of death.

In most cases, these questions are not hard to answer but in a minority of cases the answer may be problematical. The fourth question and that to which evidence and inquiry are most often and most closely directed, related to how the deceased came by his death.

The rules of procedure require(s) that the proceedings and evidence shall be directed solely to ascertaining these matters and forbids any expression of opinion on any other matter.

He usually assists in an inquiry by members of his jury. In pursuance of such an enquiry, he examines witnesses on oath and records their evidence. When the evidence is completed, the Coroner with the help of the jury finds a verdict as to the cause of death and classifies death such as violent, non-criminal or criminal. If he finds a verdict of foul play against a suspected person, he issues a warrant for the apprehension of such person and such person is committed to the magistrate for trial.

Coroner’s Court and the Procedure of Coroner’s Inquest With Reference To Indian Position:

i. Coroner’s court:

This is only a court of inquiry, to the causes of unnatural deaths. It is therefore not necessary that the suspected person or the accused be present. Its function ends when the inquiry is completed. It has no powers to impose a neither fine nor sentence the person concerned but such a person is committed to stand a trial before a judicial or metropolitan magistrate.

In India, at present, the entire country, the existing Coroners Act, 1871 applies only in respect of very limited territorial jurisdiction, namely, the ordinary original civil jurisdiction of the High Courts of Calcutta and Bombay and thus the entire territorial boundaries of even these two States have not been covered under the said Act. In India the corner’s are termed as magistrate under the Indian Evidence Act, 1872, but the term inquest conducted by magistrate is totally different then the Connor’s inquest.

In the recent judgment of Delhi High Court, in the case of Social jurist, a Civil Rights Group & Anr. Vs Union of India & Ors, court categorically stress on the vacuum under the IPC and the Cr.P.C. provisions of Section 166B and 174 of the Cr.P.C., that may be invoked by the officers competent to hold investigation into cases of murder, suicide or death in circumstances that give rise to suspicion. It is true that situations like the ones that made the Coroner’s Act a necessity in UK may arise even in this country.

The question is whether we ought to have a comparable legislation is however a matter for the Parliament to consider, even if there is no legislation, there is no room for a writ court to issue a mandamus to the appropriate legislature to enact a law considered essential by the Court?

It is trite that there can never be a mandamus to a legislative body to enact a particular law on the subject or to modify an existing law in a particular fashion. All that the court may possibly do is to recommend to the Law Commission to examine this aspect and see whether a legislation like the Coroner’s Act, 1988 prevalent in UK is needed in this country and if it is, to consider whether a suitable proposal can be made to the Parliament in that regard. Beyond that, it is neither necessary nor proper for this Court to make any observation. Considering the aforementioned and as directed by the honorable court the Law Commission of India, in its 18^th report proposed for enactment of New Coroner Act, i.e., will be applicable to whole India. The Commission recommended that it will enormously expanded scope of Article 21 of the Constitution, viz., the right to know the correct cause of death of any person, especially when the death is unnatural or there are surrounding suspicious circumstances. The Commission also suggested that, there is a necessity of an independent authority to enquire into the true and real cause of death of a person, even if such person dies outside the territorial limits of the country.

POLICE INQUEST

Brief Concept To Police Inquest

The inquest is held by a Police Officer (called Investigating Officer) not below the rank of Senior Head Constable is known as police inquest.

A. When Inquest report shall be prepared?

Under Criminal Procedure Code of India, under sections 174 and 176 of Cr.P.C., that deals with the subject of preparation of inquest report. Specifically if we look at the police empowered the code under section 174 to enquire as to causes of death or receipt of the information that … a person has committed suicide; has been killed by another person, killed by an animal, has been killed by machinery, has been killed by an accident, and has died in suspicious circumstances. Under section 174(3) Cr.P.C, it’s mandatory provision which requires that the body of a woman, who has committed suicide within seven years of her marriage, has to be subjected to postmortem examination and the inquest also has to be held.

B. How will police inquest is conducted under Criminal Procedure Code, 1973?

Proceeding under section 174 of the code, a police Officer, on receipt of information of death, proceeds to the place of occurrence and holds an inquiry into the matter in the presence of the men of the locality. He takes all reasonable steps to investigate the case and writes a report describing the appearance of the body, wounds (how were they caused and by what weapon. The witnesses are called panchas (Panch witnesses or Panchayatdars). He obtains the signatures of the witnesses there and then. (Witnesses should preferably be some respectable persons of the locality/area.) The inquest report so prepared is known as Panchnama. If no foul play is suspected, the dead body is released to the relatives of the deceased for disposal. In suspicious cases, bodies are sent for postmortem examination to the nearest Govt. medical officer or a forensic expert in a private institution, authorized by the Govt. for conducting medico legal work.

The doctor prepares the postmortem report on a prescribed Performa in triplicate. Original is to be retained by the doctor conducting the postmortem. One copy is given to the Investigating Officer there and then after obtaining due signatures for the receipt. Another copy is sent to the magistrate of the area in a sealed cover. A third copy is to be sent to the Civil Surgeon of the district. This inquest is conducted by a District Magistrate, Sub-divisional Magistrate, and Magistrate of first class or any Magistrate empowered by the State Govt. It is practiced all over India. However, it is not held routinely but only on special indications. Deaths in prison or police custody including deaths occurring during police interrogation. Deaths due to police firing, Cases of exhumation, alleged dowry death in some cases where the situation warrants). In any case of unnatural death, a magistrate may hold an inquest instead of or in addition to the police inquest.

The Supreme Court of India has observed in Mrs.Shakila Khader v. Nausher Gama and Anr., court said, In an inquest all the witnesses need not to be examined as an inquest under section 174 of Cr.P.C., is concerned with establishing the cause of the death and only evidence necessary to establish it need be bought out.”

The Supreme Court notes that the officer holding an inquest on a dead body should hold the inquest on the spot many police officers shift the body to the mortuary and then hold the inquest. This is not a correct practice generally under the law which is suggested by court in numerous judgments and observation should be avoided.

MAGISTRATE INQUEST

Brief Concept of Magistrate Inquest:

A. What is Magistrate inquest?

Magistrate’s inquest means an inquiry conducted by a magistrate to ascertain matters of fact. It is commonly held in the following cases: Admission of a mentally ill person in a psychiatric hospital or a psychiatric nursing home under certain provisions of the Mental Health Act, 1987; Death of a convict in jail; Death of a person in police custody or during police interrogation; Death as a result of police shooting killing; Exhumation cases and Dowry deaths under section Sec 176 Criminal Procedure Code, 1973. Magistrate’s Court are generally a court of trial were accused are present during trial, the court can impose fine and/or punishment or can punish those guilty of contempt of his court when the offence is committed in or outside his court’s premises.

B. Purpose behind Magistrate Inquest:

It is obvious that the ends of justice cannot be met by allowing a police officer to conduct an inquest in such cases. The main intention behind the inquest is to ensure that (1) no person is unjustly deprived of his liberty and his rights as a citizen (2) no person who is deprived of his liberty can die as a result of neglect or brutality by the people in whose charge he is, and (3) in case of a person who is already buried, if there is any doubt as regards identity, cause of death, or manner of death, it will be settled by a judicial inquest and not a police inquest. (4) Due to peculiar circumstances associated with dowry death, it should be investigated by a magistrate.

C. Discrepancy between the inquest report and the postmortem report:

Even if there is some discrepancy between the inquest report and the postmortem report, the list of injuries mentioned in the inquest report cannot prevail over the details of the postmortem report.

Cognizable offences: In cases of rape and other cognizable offences, the individual is sent by the Sub-Inspector of Police to the medical officer for medical examination, along with his statement recorded in the vernacular.

In cases of assault or other non-cognizable crimes, the injured person may go directly to the medical officer with the permission of the police officer, if he thinks it to be necessary, or he may file an affidavit in the court of a Magistrate who will send him to the medical officer for medical examination and report. In cognizable offences, a police officer can arrest a person without a warrant from a Magistrate.

CONCLUSION

The purpose of holding has a limited scope. It is merely to ascertain what the apparent cause of his death. As discussed above the recent 18^th Law Commission Report, based on Delhi High Court, judgment stress on the necessity of the independent authority to examine the need of factual and existent cause of death any person even if such person dies outside territories, within the competent jurisdiction where the offence has been committed and requested by Indian government under section 166B of Cr.PC. The new Corner’s Act will bring the uniformity and will also fulfill the vacuum by enlarge the scope of Ss. 174 and 176 of Criminal Procedure Code, 1973. If the new bill roll in law will be greater beneficial to judicial investigation system in India.

Reference

Ejaz Ahmed, “Expert Evidence”, by Surendra Prakask Tyagi, 6^th Ed, (Vinod Publication, 2007).

K. Vij, Forensic Medicine Principle and Practice, 1^st Ed (B.I.Churchill Livingstone 2001).

Modi, Modi Jurisprudence & Toxicology, by B. V Subrahmanyam, 26^th ed, (Lexis Nexis, Butterworths 2004).

Parikh.C.K, “Textbook of Medical Jurisprudence, Forensic Medicine and Toxicology”, 16^th ed, (CBS Publishers, 2002).

R.V. Kelkar’s Criminal Procedure, by K.N. Chandrashekharan Pillai - 4^th ed, (Eastern Book Company, 2001).

Ratanlal and Dhirajlal, -Code of Criminal Procedure, 16^th edition, Wadhwa and Co. Nagpur

Sarkar, Code of Criminal procedure, 9^th Ed, (Wadhwa Publication, 2007).