Description

1. Mandatory Inquiry by Magistrate

• If a person dies while in police custody or in cases mentioned under Section 174(3)(i) or (ii):
  • The nearest Magistrate empowered to hold inquests must conduct an inquiry into the cause of death.
• In other cases under Section 174(1), a Magistrate may conduct an inquiry, either instead of or in addition to the police investigation.
• The Magistrate conducting the inquiry shall have the same powers as in an inquiry into an offence.

2. Additional Inquiry in Cases of Death, Disappearance, or Rape in Custody

• If a person dies or disappears or if rape is alleged while in police custody or any other custody authorized by a Magistrate or Court, an additional inquiry shall be conducted by:
  • A Judicial Magistrate or Metropolitan Magistrate with jurisdiction over the area where the incident occurred.

3. Process of Inquiry

• The Magistrate conducting the inquiry shall:
  • Record all evidence in a manner suited to the circumstances.
  • Order disinterment and examination of a body if necessary to determine the cause of death.
  • Inform the relatives of the deceased (if known) and allow them to be present during the inquiry.

4. Post-Mortem Examination

• The Judicial Magistrate, Metropolitan Magistrate, Executive Magistrate, or police officer conducting the inquiry/investigation must:
  • Forward the body for medical examination by the nearest Civil Surgeon or other qualified medical professional.
  • This must be done within 24 hours of the death, unless impractical, in which case reasons must be recorded in writing.