INQUEST-PRINCIPLES AND

PROCEDURES
 Inquest its meaning:
This expression occurs in section 174 and section 176 Cr.P.C.
Literally, it means a legal inquiry.
Strictly speaking, it has been employed in the Cr.PC to mean
the inquiry held u/s 176 by a competent Executive
Magistrate into the cause of an unnatural or suspicious
death.
Loosely, it is also applied to refer to the investigation
conducted by a police officer u/s 174 Cr.PC for purpose of
ascertaining the apparent cause of an unnatural or
suspicious death.
Hence, the term, “Inquest” is commonly used to mean either
an investigation by the police u/s 174 Cr.PC, undertaken by
them under the law to find out the cause of an unnatural or
suspicious death.
 Death-its nature and onset:
 Death means “permanent cessation of life”.
 Life rests on the tripod of (i) Brain (ii) Heart and (iii)
Lungs.
 Death implies irreversible stoppage of their functions.
 This death is known as somatic death “Somatic” is an
adjective and means bodily or corporeal.
Death-Natural/unnatural

 When death occurs by the unassisted operation of natural

causes, is called “Natural Death”. “Ailments” fall within
“Natural causes”.
 Unnatural death is one which is not natural, say for
instance, dead due to violence.
 Unnatural death may be homicidal, suicidal or accidental.
 Need Probe:

 Unnatural or suspicious death calls for a probe.

 It needs to be looked into, for which inquest is the
mechanism built by law.
 The idea is to find out whether or not there was any foul
play behind such death.

Two agencies for such probe:

 They are (i) police and (ii) Magistracy.

 Sec.174 Cr.PC refers to Magistracy on the executive side.
 Ten-point chatter of duties of the police in the
context of an Inquest.
 Reporting such death to the nearest Executive Magistrate competent to hold
inquest.
 Proceeding to the spot for investigating the cause of such death unless otherwise
directed.
 Inviting at least two local and respectable persons to be present at the inquest.
 Viewing the dead body and its surrounding carefully & closely.
 Noting down relevant features, such as number, position and direction of injuries,
sign of inflammatory reaction, sign of struggle, presence of saliva, blood, froth,
semen, swab, vomit etc.
 Examining witnesses supposed to be conversant with the facts and circumstances
of the case.
 Preparing the report on the spot indicating, among other things, the apparent
cause of death.
 Affixing of the signature by the police officer to the report and also getting therein
the signature of the persons who witnessed the inquest and concurred with him
(Mentioned in point no. 3 above.)
 Forwarding the report to the DM or the SDM.
 Sending the dead body to the authorised medical officer for post mortem
examination unless the cause of death is clearly free from doubt. A copy of the
Inquest report should accompany the memo of requisition for post mortem
examination.
 Five situations where post-mortem in cases of
unnatural or suspicious death are compulsory:
 Suicide by a woman within 7 years of marriage.
 Death of a woman within 7 years of her marriage where
reasonable suspicion exists as to commission of an offence against
her.
 Death of a woman within 7 years of her marriage where any of her
relatives makes a request to that effect.
 There is any doubt regarding cause of death.
 The police officers consider it expedient to have the p.m. done.
Notes:
• It is for the police to send the dead body to the authorised
autopsy-surgeon for post mortem examination.
• Police has discretion not to send the dead body for post
mortem examination. Post mortem may be dispensed with
when the case is not covered by any of the five mandatory
clauses specified in paragraph (7) above.
• This discretion has to be exercised properly and honestly.
Power of the police in connection with holding
of inquest:
 The police officer may call local and respectable persons to be
present at the inquest.
 The police officer may summon witnesses likely to throw light
over the cause of death.
 The police officer may examine such witnesses as mentioned.
 The police officer may require the persons attending the
inquest and agreeing with his findings to sign the report. (Here,
the persons are those referred to in first clause of para.8).
 The police officer may call upon the witnesses to answer truly
all questions other than questions having a tendency to expose
them to a criminal charge or to a penalty or forfeitures.
 The police officer may register a crime suo moto if the Inquest
reveals the commission of a cognizable offence.
Notes:
 Non-attendance in obedience to an order issued by the police officer u/s
175 Cr.PC is punishable u/s 174 IPC.
 Refusal to answer the police officer is punishable u/s 179 IPC.
 Giving false answer to any question which the witness is bound to
answer truly may render him liable to be prosecuted and punishable u/s
193 IPC is however, doubtful whether witnesses giving false answers to
police may be prosecuted or perjury u/s 193 IPC. The reasons are: (a)
Oath cannot be administered by the police and hence, those statements
are not: on oath. (b) Such statements are not required to be signed by
the witnesses and as such, they cannot be held responsible for what the
police officers may have taken down. (c) The witnesses are not bound
to answer questions which may expose them to a criminal charge or
penalty or forfeiture. signed by those witnesses. In appropriate case,
the statements made to police by witnesses may render to be

 Statements of the witnesses, if recorded by the police, shall not be required to be

signed by those witnesses.
 The persons to be called by the police are of two types – (a)persons who
witness the holding of inquest and (b)persons who may throw light on the
cause of death from their own knowledge and examined by the police.
 Duty of every villager and every village officer to give
information to the nearest Magistrate or to the officer-
in-charge of the nearest police station as to the
occurrence of any sudden, unnatural or suspicious death
vide sec. 40 (I) (d) Cr.PC.
 Omission to give such information is punishable u/s 176 IPC.
The Magistrate empowered to hold inquests:
a) District Magistrate
b) Sub-Divisional Magistrate
c)Any other Executive Magistrate specially empowered in this
behalf by the State Govt. or the District Magistrate.
It may be noted that, a D.M. and a S.D.M. are Executive
Magistrates, placed in charge of a district and a sub-
division respectively, by the State Govt.
In the metropolitan towns of Calcutta (Kolkata) and
Bombay (Mumbai), inquest is ordinarily held by the
coroner under the Coroner’s Act.1871.
 Inquest by the Executive Magistrate – When
Mandatory:
 In the following cases, it is compulsory for nearest Executive
Magistrate empowered to hold inquests, to make an inquiry
into the cause of death:-
 When any person dies in the custody of the police.
 The case involves suicide by a woman within seven years of
her marriage.
 The case relates to the death of a woman within 7 years of
her marriage in any circumstances raising a reasonable
suspicion that other person committed any offence in
relation to such woman.
 Vide sec. 176 (1) read with sec. 174 (3), as amended by the
Act 46 of 1983.
Inquest-When Discretionary for the Executive
Magistrate:

 In any other case mentioned in sub-section (i) of sec.174

Cr.P.C, 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.
 Purport of Section 176 Cr.P.C.
 Sec 176 Cr.PC is probably based on the assumption that it is not
always safe or advisable to depend entirely upon the option of police,
particularly when it relates to the death of a person in police custody
or it involves the suicidal or suspicious death of a women within seven
years of her marriage. There should be a further check and
independent inquiry by a Magistrate.
 A magisterial inquiry is likely to inspire greater public confidence and it
may help to pacify ruffled or injured feelings of that have been created
in the minds of the people by reason of violent or sudden death of
human being specially in police custody or of a bride under suspicious
circumstances.
 The proceedings of the Magistrate are intended to discover the cause
of death, that is, whether in a given case, the death was accidental,
suicidal or homicidal or caused by some animal.
 If upon such inquiry, it is found that reasonable suspicion of the
commission of any offence exists, a criminal case may be started.
Starting of a criminal case on the basis of such inquiry does not offend
the order other provisions of the Code vide AIR 1959 Madras 294.
 Police to give intimation about unnatural or
suspicious death immediately to the nearest
Executive Magistrate empowered to hold
inquest. Such an obligation has been cast
upon the police by Sec. 174 (1) Cr.PC. Failure
to do so may be dealt with u/s 176 IPC. Sec.
29 of the Police Act, 1861 may also be thought
about.
Executive Magistrate-his duty-on receipt of such
information.
 The nearest Executive Magistrate empowered to hold inquests. On
receipt of information from the police or any other source, if he
thinks fit directs the police not to hold inquest and upon such
direction, police investigation should have to make way for
magisterial inquiry. D.M or S.D.M has power to issue general or
special order in this regard vide Sec. 174 (i) Cr.PC. He should note
down the time and date of receipt of the information and also
source of such information.
 Where the magisterial inquiry is mandatory, the nearest Executive
Magistrate must and where the magisterial inquiry is optional, the
competent to the spot where the dead body is lying. Inquest is to
be held on the spot.
 The Magistrate shall, wherever practicable, inform the relative of
the deceased, whose names and address are known and allow
them to remain present at the inquiry. The expression “relative” in
this contest, means parents, children, brothers, sisters and spouse.
Contd….
 He shall carefully examine the dead-body and its surroundings. It is
desirable to do so in presence of two or more respectable inhabitants
of the neighborhood.
 He should note down all relevant features, which include, among
other things, number, position and direction of wounds, fractures,
bruises and other marks of injury that may be found on the body, sign
of inflammatory reaction (swelling etc.) and sign of struggle, if any.
 Before he commences examination of the dead body, he should take
steps for identification of the deceased by at least two persons who
have known him from before his death. Marks of identification, if any,
should be noted. Photograph of the deceased ought to be taken.
 He should examine the persons who are supposed to be acquainted
with the facts and circumstances of the case and record their
evidence. He has power to administer oath vide Sec.3 of the Oaths
Act (Act 44 of 1969), read with Section 176 (2) Cr.PC.
 Evidence of death witness should be recorded separately in the form
of a narrative. The proper way is to take down evidence in the first
person exactly as spoken by the witness. He may, in his discretion,
writhe any portion of the evidence that all of them must be examined.
Contd….
If eye-witnesses are available, they should be called and examined,
it is however, not necessary that all of them must be examined.
If eye-witnesses are not available, the Magistrate may examine
other persons who may and look for such circumstances as are
likely to throw light over the cause of death.
In case of death in police custody, the general diary, connected
case Diary, Lock up Register and all other relevant records and
documents should be inspected. The Sentry on duty during period
and the co-prisoners, if any, should be examined.
He should draw up the report giving his findings as to the cause of
death and if necessary, send copies to D.M. or the SDM, as the case
may be.
In conducting the inquiry, the Magistrate shall
have all the powers which he would have in
holding an enquiry into an offence which
includes, among other thing to issue processes,
to compel appearance of witness and
production of things.
 Powers of the Magistrate competent to hold
inquest.
He may issue processes.
He may compel appearance of witnesses and production of things.
He may administer oath to witnesses.
He may record evidence in the form of statements of witnesses.
He may record confessions, even though not empowered u/s 164 Cr.PC.
He may record the dead body to be disinterred and examined.
Notes:
 The proceeding conducted by an Executive Magistrate u/s 176
Cr.PC is an inquiry within the meaning of Sec. 2(g) Cr.PC.
 Such a proceeding also answers the description of judicial
proceeding “as defined in Sec. 2 (i) Cr.PC.
 The Executive Magistrate holding an inquest u/s 176 Cr.PC does
not appear to be function as Court. The judicial decisions on this
point are, however, conflicting.
 An Executive Magistrate holding an inquest is a public servant
and such as, contempt of his lawful authority is punishable
under the appropriate section of Chapter X of the Indian Penal
Code.
District Magistrate cannot interfere in an inquiry u/s 176
Cr.PC made by the SDM or any other competent Executive
Magistrate.
A Magistrate holding an inquest u/s 176 Cr.PC and not
empowered to record confession u/s 164 Cr.PC can record
confession from any person who knows about the cause of
death. Such a confession is not governed by Sec. 164
Cr.PC.
An inquiry u/s 176 Cr.PC into the cause of the death is not
necessary when there is no corpse on which an inquest can
be held. Failure of the Magistrate to hold inquiry u/s 176
Cr.PC, when there was no corpse, is an irregularity curable
u/s 465 Cr.PC vide AIR 1945 Nagpur 143.
Inquest by Magistrate not empowered to hold inquest is
curable u/s 460 c if done erroneously in good faith. His
proceedings are not liable to be set aside on that ground.
 Magistrate holding inquest u/s 176 Cr.P.C.-
whether a Court.
There is divergence of judicial opinion on this point:-
 According to one School, a Magistrate holding an inquiry u/s 176 Cr.PC
acts purely in an executive capacity and he cannot be regarded a court
within the usual acceptation of the term.

Ref: AIR 1958 Punjab 141 (146)

1972 cr. LJ 83 (HP)
AIR 1958 Punjab 430
 A contrary opinion was expressed in re- Laxminarayan Kaki (AIR 1928
Bombay 390 and also in advocate General V AIR 1940 Rangoon (68).
Note: The former view as indicated above appears to be correct.
There is nothing in Sec. 176 Cr.P.C. which enjoins that the
Magistrate making an inquiry should make a report or arrive
at any finding. He therefore, does not function as Court. A
tribunal is a court, if only it has power to give a decision or a
definitive Judgement (AIR 1956 S.C. 66).
 Inquest – Object of
 The object is merely to ascertain whether a person has died
under suspicious circumstances or has suffered an unnatural
death and if so, what is the apparent cause of death, namely,
whether the death is homicidal, suicidal or accidental.
 The Inquest Report should describe such wounds, fractures,
bruises and other marks of injury as may be found on the body
and state, in what manner and by what weapon or instrument (if
any) such marks appear to have been inflicted.
 The question regarding details as to how the deceased was
assaulted or who assaulted him or under what circumstances he
was is necessary neither for the Police nor for the Magistrate to
mention these details in the inquest Report (Podda Narayan and
others vs. State of A.P. reported in AIR 1975 SC 1252).
 By and large, Inquest has four major components:-
 Information
 Investigation / Inquiry
 Report
 Disposal of dead body.
 Inquest Report-its nature and admissibility

 Inquest Report is a document of vital importance, as it

gives an earlier version of occurrence and has to be
prepared early (Om Prakash 1979 Cr.LJ (NOC)141)
 A document like Inquest Report, consists of two parts, one
of which is admissible and other is inadmissible. The part
which is based on actual observation on the spot is
admissible u/s 60 Evidence Act. The other part which is
based on information given or statement recorded by the
Police, is inadmissible u/s 162 Cr.PC, except for limited
purpose. Vide Rameshwar Dayal and others vs State of
Uttar Pradesh Reported in AIR 1978 SC 1558.
 An inquest report cannot be pitted against the evidence of
a Medical witness given in court (Surjan AIR 1956 SC 425).
 Inquest Report-evidence value

 An Inquest Report is a record of what the Magistrate or the

the Police Officer observed and found.
 An Inquest Report or the statement contained in it does not
constitute substantive evidence.
 An Inquest Report which is based on examination of the
dead body can be regarded as the precious statement of
the Magistrate or the Police Officer who held it. It may be
used:-
 To contradict him u/s 155/145 Evidence Act.
 To corroborate him u/s 157 Evidence Act (not when
recorded by the Police).
 To refresh his memory u/s 159 Evidence Act.
 It may be used as confession u/s 24 Evidence Act.
 INQUEST REPORT U/S 176 Cr.P.C
(A pro-forma containing broad guidelines)
[In a case of unnatural or suspicious death within the meaning of Sec. 174 (1) Cr.P.C where inquest been held by a competent Executive
Magistrate.]

•Date, time and place when and where the Magistrate received intimation u/s 174 (1) Cr.P.C about the death.

•The substance of the information obtained by him and from whom.

Note: 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.PC.

•The place where the dead body was found.

•Inquest:

•Commenced at_____________ (Time)______________ (Date)

•Closed at __________________(Time)______________ (Date)

•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).
•Names and other necessary particulars of two local and respectable witnesses in those presence the inquest was
held (for Magisterial inquest, presence of witnesses to the inquest is not compulsory, though may be desirable).
•Description of the corpse (after close observation, of all parts of body in good light, generally under sun light during
the day time). Cavities such as those pertaining to Nose, mouth, Vagina etc. should be clearly examined.

•Note down all relevant features, which include, among other things, the following:-

•Position and attitude of the body.

•Number, position, length, breadth and direction of wound(s) (not depth).
•Nature of wounds-incised, lacerated, bruises, fractures (so far they are visible on external examination and
could be ascertained by a non-medical magistrate).
•Sign of ligature mark, if any.
•Signs of inflammatory reaction (swelling etc.) if any.
•Expression of countenance.
•Position of limbs, eyes, mouth.
•Presence of blood (liquid or clotted), saliva, froth, vomit, semen, swab etc. if any.
•Condition of clothes / ornaments.
•Is the body well nourished and vigorous or emancipated and weak ?

•Viewing of the surrounding in their totality with the dead body lying therein

•Note down the following among other things

•Marks of violence or struggle
•Articles such as rope, weapon, ammunition, instrument, phial, used cartridge, chemicals.
•Suicide note, if any.
•Foreign matters such as- weeds, straws etc. in their hair or clenched in the hands of the deceased or
attached to part of the body.
•Are there circumstances available on the scene to show that the deceased killed himself?
•Do you notice anything in the surroundings to suspect foul play.

•Number and Names of the witnesses examined by the Magistrate and substance and weight of their Evidence.

Note:
•The witnesses referred to in clause (13) above should be persons who appear to be acquainted with the
facts and circumstances of the case, in other words, who may be in a position to throw light over the cause
of death.

•The statement of the witnesses should be recorded separately.

•Opinion of the Magistrate as to cause of death as could be ascertained by him, based on his inspection of the
scene, close examination of the dead body and evidence adduced in the witnesses.

•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 caused.

•Sketch plan of the place where the dead body is found and photograph taken, if any.

•Has the Magistrate held the inquest in addition to or in lieu of Police Investigation (Inquest) u/s 174/175
Cr.PC.

•Upon a consideration of the totality of the material including the examination of the dead body, inspection of
the scene and testimony of the witnesses are there grounds for suspecting foul play.
•Is it a case where the person died in police custody or coming within clause (i) or clause (ii) of Sub-section 3
of Section 174 Cr.PC where Inquest by an Executive Magistrate is Mandatory?

•Action proposed to be taken, if any, in pursuance of the magisterial inquest (particularly if foul play is
suspected or a crime appears to have been committed).

•Power of the Executive Magistrate competent to hold inquest.

•He may issue process.

•He may compel appearance of witnesses and production of things.

•He may administer oath to witnesses.

•He may record evidence in the form of statement of witnesses.

•He may record confessions, even though not empowered u/s 164 Cr.PC.
•He may order the dead body to the disinterred and examined.
•DM or SDM may by general or special order, direct police not to hold inquest.
Notes:
•The proceeding conducted by an Executive Magistrate u/s 176 CrPC is an inquiry within the meaning of
Sec. 2 (g) Cr.PC.
•Such a proceeding also answers the description of judicial proceeding “ as defined in Sec. 2 (i) Cr.PC”.
•The Executive Magistrate holding an inquest u/s 176 Cr.PC does not appear to be functioning as Court.
The judicial decisions on this point are, however, conflicting.
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