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Inquest Report u/s 176 Cr.PC

Inquest Report u/s 176 Cr.PC. To be used by the competent Executive Magistrates in case of unnatural, sudden or suspicious death within the meaning of sec.174(1) Cr. P.C. Pralhad Kachare Dy. Collector & Director CPP, Yashada, Pune . Inquest by Executive Magistrate.

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Inquest Report u/s 176 Cr.PC

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  1. Inquest Report u/s 176 Cr.PC To be used by the competent Executive Magistrates in case of unnatural, sudden or suspicious death within the meaning of sec.174(1) Cr. P.C Pralhad Kachare Dy. Collector & Director CPP, Yashada, Pune

  2. Inquest by Executive Magistrate • In the following cases, the Executive Magistrates only shall hold inquests. • A. Where the case involves suicide by a woman within 7 years of her marriage orB. Death of a woman within 7 years of her marriage and there is suspicion that some other person committed the offence.C. Death of a woman within 7 years of her marriage and any of her relation made a request in this behalfD. The police officer for any other reason considers it expedient to do.E. In all cases of deaths under custody of police and encounter deaths. • F. In all the above cases, it is also necessary that the body is sent for post mortem. • The inquiry by the magistrate in the cases A, B, and F mentioned above shall be either instead of or in addition to the investigation held by the police officer. 8/27/2010 P. V. Kachare,Dy. Collector, Nashik

  3. Inquest reports – Post mortem – Salient points • In all cases of inquest held by magistrates, the executive magistrate will prepare statements of witnesses and enquiry report. This becomes a part of the record in a trial. In such cases there will be two sets of statements from the witnesses, one by the magistrate and another by the police during the course of investigation. Since both the statements will be supplied to the accused any discrepancy in the version will go to the benefit of the accused. • 2. Post mortem examination is a necessity in cases where it is felt necessary, as the medical opinion is important in ascertaining the cause of the death. • 3. When the body is sent for post mortem examination a police officer must be deputed to accompany the dead body for the purpose of identification of the body and must necessarily be cited as a link witness. • 4. In cases of advanced putrefaction/decomposition of the body and where the movement of the corpse may make it impossible for the medical officer to form a correct opinion as to the nature of injuries or cause of the death, the medical officer may be requested to conduct his examination at or near the scene. • 5. When the body is sent for post mortem all available information relating to the body must be given to the medical officer. It is desirable that a copy of the inquest report be sent for his guidance 8/27/2010 P. V. Kachare,Dy. Collector, Nashik

  4. Inquest Report u/s 176 Cr.PC • Date, time and place when and where the Magistrate received the intimation u/s 174(1) Cr. P.C. about the death. • The substance of the information obtained by him and from whom.(You may take the assistance of the police officer reporting the death with a view to informing the relatives of the deceased as required u/s 176(4) Cr. P. C. 8/27/2010 P. V. Kachare,Dy. Collector, Nashik

  5. Place and Time details • The place where the body of the deceased was found. • Inquest. • Commenced at………………..(time) on……………(date) • Closed at………………………(time) on……………. (date) 8/27/2010 P. V. Kachare,Dy. Collector, Nashik

  6. Dead Body Identification • Dead body identified by (their names and essential particulars), Relatives may • Identify, If relatives are not available those who had known the deceased may • identify. • Marks of identification, if any, such as moles, scars etc. • Name parentage, sex, age, caste and residence of the deceased. • Relatives, if any, present at the inquest (their names, addresses and relationship with the deceased) 8/27/2010 P. V. Kachare,Dy. Collector, Nashik

  7. Witnesses or Panchas • Names and other necessary particulars of two local and respectable witnesses in whose presence the inquest was held. (It is not mandatory but desirable) • Description of the corpse (after close observation of all parts of body in good light, generally under sunlight during day time), cavities such as those pertaining to nose, ear, mouth, vagina etc should be closely examined 8/27/2010 P. V. Kachare,Dy. Collector, Nashik

  8. Features • Note down the following features: • Position and attitude of the body. • Number, position, length, breath and direction of wound(s)(not depth) • Nature of wounds-incised, lacerated, bruises, fractures (so far they are visible on the external examination and could be ascertained by a non-medical person). 8/27/2010 P. V. Kachare,Dy. Collector, Nashik

  9. Features ….. • Signs of ligature marks if any. • Signs of inflammatory reaction(swelling etc) if any. • Expression of the countenance. • Position of limbs, eyes and mouth. •  Presence of blood (liquid or clotted), saliva, froth, vomit, semen, swabs etc. (if any) • Condition of clothes/ornaments 8/27/2010 P. V. Kachare,Dy. Collector, Nashik

  10. Note down the following:- • Is the body well nourished and vigorous or emancipate and weak ? • Viewing of the surroundings in their totality with the dead body lying there in • Marks of violence or struggle. • Articles such as rope, weapon, ammunition, phial, used cartridge, chemicals etc. • Suicide note, if any. • Foreign matters such as weeds, straws etc in the hair or clenched to the hands of the deceased or attached to part of the body. • Are there circumstances available in the scene to show that the deceased kill himself/herself. • Do you notice anything in the surroundings to suspect foul play ? 8/27/2010 P. V. Kachare,Dy. Collector, Nashik

  11. Close Examination • Number and Names of the witnesses examined by the Magistrate and substance and weight of their evidence(the evidence to be recorded on separate sheet of papers) • Opinion of the Magistrate as to the cause of death as could be ascertained by him, based on his inspection of the scene, close examination of the dead body and evidences adduced by the witnesses. 8/27/2010 P. V. Kachare,Dy. Collector, Nashik

  12. Injury Marks • Whenever there are wounds, fractures, bruises and other marks of injury as may be found on the body the Magistrate should state in what manner or by what weapon or instrument, if any, such injuries/marks appear to have been caused. • Sketch plan of the place where the dead body is found & photograph taken, if any 8/27/2010 P. V. Kachare,Dy. Collector, Nashik

  13. Inspection of the Scene • Has the Magistrate held the inquest in addition to or in lieu of the Police investigation u/s 174/175 CrPc ? • Upon a consideration of the totality of the material including the examination of the dead body , inspection of the scene & testimony of the witnesses, are there grounds for suspecting foul play ? 8/27/2010 P. V. Kachare,Dy. Collector, Nashik

  14. Custodial Inquest • Is it a case where the person died in police custody ? • Action proposed to be taken, if any, in pursuance of the Magisterial inquest • Signatures of the persons present   • Name of the Magistrate-: Signature of the Magistrate with date & seal • MEMO NO ………………………………………………..DATE ………………. • Copy to -: • Executive Magistrate, ……………. 8/27/2010 P. V. Kachare,Dy. Collector, Nashik

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