Transcript Disposal of the Dead and Inquest Procedure

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
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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 ?
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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
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When does an inquest become
necessary ?
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The cause of death is not known
All unnatural deaths
Suicides
 Homicides
 Transportation injuries
 Accidental deaths – domestic/industrial
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When… ?
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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?
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Magistrate/judge
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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
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All deaths other than above
Place of inquest
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Place where the person died or in the hospital
Who should present at the inquest ?
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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
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Record all the statements
Examine the body
Note injuries
Other opinions related to the death
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Cause of death, circumstance….
Release the body without an autopsy
Order an autopsy
Procedure for the disposal of a dead
body
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Inquirer’s certificate of death
Cause and manner of death
 Mode of disposal
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In charge of the mortuary
Certification of a death
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Inquirer’s certificate
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Registrar of deaths
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Death certificate
Laws related to inquests
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Conduction of an inquest
Chapter XXX, sections 369 to 373 of the Code
of Criminal Procedure (CCP)
Act number 15 on 1979
Laws…
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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
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If a death………
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The cause of death is not known
All unnatural deaths
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Suicides
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Homicides
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Transportation injuries
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Accidental deaths – domestic/industrial
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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…
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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
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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…
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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.
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Coroner’s system in
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Medical Examiner system USA
Combined investigation – medical/scientific with
judicial
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UK
Canada
Australia
European countries
Police inquiry
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India
Denmark
Read…
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Simpson’s Forensic Medicine
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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.
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Mr. A. Priyantha, 28 year , while crossing High
Level road at Nugegoda knocked down by a
bus, found dead on admission to CSTH.
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A dead body of an unidentified young female
found in an abandoned house.
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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.
Thank you