Disposal of the Dead and

Inquest Procedure

Medico legal module

21st batch
June 2014

Dr. Sanjaya Hulathduwa

MBBS, MD, DLM, DMJ Path(Lond)
DMJ Clin(Lond) , Dip. Crim MFFLM(UK)
Senior Lecturer
◼ Objectives
Describe what is meant by an inquest
Describe the objectives of an inquest
◼ Contents
Types of inquests
Inquirer’s and magisterial inquests
Powers of inquirer
Types of deaths needing an inquest
Role of medical officer at an inquest
What is an inquest ?
◼ An inquest is a judicial inquiry conducted in
public to ascertain the facts related to the
death
◼ Establish the identity of deceased
◼ Date and time of death

◼ Place of death

◼ Cause of death

◼ Circumstances of death
When does an inquest become
necessary ?
◼ The cause of death is not known
◼ All unnatural deaths
◼ Suicides
◼ Homicides

◼ Transportation injuries

◼ Accidental deaths – domestic/industrial

When… ?
◼ Suspicious deaths
◼ Deaths directly due to a medical or surgical
procedure
◼ Deaths in custody, prisons, mental & leprosy
hospital
◼ Alleged medical negligence
◼ Tetanus & rabies
Who conducts an inquest?

◼ Magistrate/judge
◼ Homicides
◼ Suspicious deaths
◼ Deaths following rash & negligent act (Sec 298)
◼ Deaths in custody, prisons, mental hospital..
◼ Body to be exhumed

◼ Inquirer into Sudden deaths (ISD)/ coroner

◼ All deaths other than above
Place of inquest
◼ Place where the person died or in the hospital
Who should present at the inquest ?
◼ Magistrate / ISD
◼ Police officer
◼ Relatives of the deceased
◼ Eye witnesses
◼ Any other witness compelled by the inquirer
(including medical officer)
◼ Any person willing to give a statement
Procedure at the inquest
◼ Record all the statements
◼ Examine the body
◼ Note injuries
◼ Other opinions related to the death
◼ Cause of death, circumstance….
◼ Release the body without an autopsy
◼ Order an autopsy
Procedure for the disposal of a dead
body
◼ Inquirer’s certificate of death
◼ Cause and manner of death
◼ Mode of disposal

◼ In charge of the mortuary

Certification of a death
◼ Inquirer’s certificate

◼ Registrar of deaths

◼ Death certificate
Laws related to inquests
◼ Conduction of an inquest

Chapter XXX, sections 369 to 373 of the Code

of Criminal Procedure (CCP)
Act number 15 on 1979
Laws…
◼ Section 370(5)
Magistrate or ISD can request a medical
officer to attend an inquest and give evidence
◼ Section 370(6)
Failure to attend may issue a worrent
Failure – fine or imprisonment
Duties of a medical officer
◼ If a death………
◼ The cause of death is not known
◼ All unnatural deaths
◼ Suicides
◼ Homicides
◼ Transportation injuries
◼ Accidental deaths – domestic/industrial

◼ Suspicious deaths
◼ Deaths directly due to a medical or surgical procedure
◼ Deaths in custody, prisons, mental & leprosy hospital
◼ Alleged medical negligence
◼ Tetanus & rabies

◼ Must request the police post to arrange an inquest

◼ Inform the authority for an inquest from the head of the
institution
◼ Write clearly on BHT
Duties…
◼ The declaration of death form should not be filled
◼ Death within 24 hours of admission is not an
indication for inquest
◼ All deaths brought dead to OPD, an inquest must be
requested
◼ The MO can indicate a probable COD on BHT in
unnatural deaths except in homicides, RTA,
suspicious deaths
◼ Give evidence when summoned by the inquirer
Defects in the system
◼ Many inquires have no legal or medical
background
◼ Educational level GCE(O/L) ….A/L
◼ Mostly political appointments
◼ Financially not well remunerated Possibility of
corruption
◼ No office
◼ Provided minimum facilities
Defects…
◼ Sometimes, they do not visit the scene
◼ When visited, wrong observations, opinions,
disturb the scene
◼ Remove important clues and some times
contaminate the scene
◼ Without any medical evidences give the cause
of death
◼ No supervision by higher judicial authority
◼ Delay in investigation
 Natural Suicide Accident Homicide

Police

Death declaration by MO Mag /ISD

Inquirer’s report Order for PM

Disposal of the body Judicial medical officer

COD Investigate
Other systems of investigation of a
death.
◼ Coroner’s system in
◼ UK
◼ Canada
◼ Australia
◼ Medical Examiner system USA
◼ Combined investigation – medical/scientific with
judicial
◼ European countries
◼ Police inquiry
◼ India
◼ Denmark
Read…
◼ Simpson’s Forensic Medicine

◼ 24 year old Mr. A. Perera was admitted to the

medical ward following poisoning. He has told
his mother that he consumed paraquat. He
died the following day.
◼ 85 year old Mr. A. Sirisena diagnosed with
HT, NIDDM and previous MI(card available) on
regular medication followed by the medical
clinic CSTH, found dead on his bed.
◼ A dead body of an unidentified young female
found in an abandoned house.
◼ Mr. A. Priyantha, 28 year , while crossing High
Level road at Nugegoda knocked down by a
bus, found dead on admission to CSTH.
Thank you