Inquest

What is Inquest?

An inquest is a legal investigation conducted by a police officer or any designated authority to ascertain the circumstances surrounding a death, particularly when it is unnatural or occurs under suspicious circumstances. It is an official inquiry that determines essential details such as the deceased's identity, time, place, cause, and manner of death, forming the foundational basis for further investigation or legal proceedings. The primary purpose of an inquest report is to provide fundamental information regarding the identity of the deceased, the time and place of death, the cause of death, and the circumstances under which it occurred. It serves as a critical tool for ascertaining the details surrounding an unnatural or suspicious demise, forming the basis for further investigation and legal scrutiny.

In the jurisprudence of foreign countries, inquest, in its broadest sense, means a judicial inquiry, but the term is usually applied especially to an investigation by a jury. The most familiar application of the term at present is to the inquiry performed by a Coroner with the aid of a jury into the cause of unexplained or possible suspicious death. It is a Criminal proceeding that takes the form of a preliminary investigation, rather than a trial involving an individual's guilt or innocence.

Inquest as defined in legislation

Under Section 194 of BNSS or Section 174 of the CrPC, an inquest must be conducted in specific cases of death or disappearance, particularly when a person dies or goes missing under suspicious circumstances,  which mandates that police officers or magistrates investigate and document the apparent cause of death. The nearest empowered Magistrate is required to hold an inquiry, which may be in addition to or instead of a police investigation. The Magistrate has the authority to examine the dead body if necessary and must notify the deceased's relatives about the inquiry.

'Inquest' as in the official government report

The Law Commission of India, in its 206th Report on Proposal for enactment of new Coroners Act applicable to the whole of India, recommended that inquest reports under Section 174 of the CrPC be treated as material evidence in criminal proceedings. Currently viewed as procedural documents, inquest reports are often excluded as substantive evidence despite their timely and accurate observations regarding unnatural or suspicious deaths. The Commission highlighted their potential to streamline trials, ensure accountability, and enhance judicial efficiency. It also proposed safeguards to prevent misuse and uphold fair trial rights. By elevating the evidentiary status of inquest reports, the Commission aimed to strengthen its role in ensuring justice in criminal cases.

'Inquest' as defined in case law

The purpose of holding an inquest has a limited scope. It is merely to ascertain whether a person had died under suspicious circumstances or an unnatural death and if so what the apparent cause of death is. Details as to who assaulted the deceased, how he was assaulted or under what circumstances he was assaulted, are not to be mentioned in an inquest report.

'Inquest' as defined in other official document

The term inquest is further elaborated in international legal contexts, such as in General Comment No. 36 by the United Nations Human Rights Committee on Article 6 of the International Covenant on Civil and Political Rights (ICCPR). It emphasizes that any loss of life occurring in custody or under unnatural circumstances creates a presumption of arbitrary deprivation of life by state authorities. This presumption can only be rebutted through a thorough and proper investigation that demonstrates the state's adherence to its obligations under Article 6, ensuring accountability and the protection of the right to life.

Magisterial Inquest

A magisterial inquest is a formal inquiry conducted by a Magistrate under Section 176 of the Code of Criminal Procedure (Cr.P.C.), now Section 196 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), aimed at investigating specific types of unnatural deaths. These include deaths occurring in police or judicial custody, cases of disappearance of individuals from custody, or instances where a custodial rape is alleged. Inquest safeguards against abuse of power and ensures transparency and accountability in cases involving law enforcement authorities.

The scope of a magisterial inquest extends beyond regular police investigations under Section 174 Cr.P.C. (now Section 194 BNSS). The Magistrate must conduct an inquiry in cases of custodial deaths or alleged custodial rape, ensuring compliance with legal and human rights standards. As part of the inquiry, the Magistrate must record all evidence, and in the event of death, an autopsy is required to be conducted within 24 hours. The inquiry process is designed to be participatory and transparent, requiring the Magistrate to notify the deceased's immediate relatives, such as parents, spouse, or children, and allow their presence during the proceedings whenever possible. This provision, supported by recommendations from the 37th Law Commission Report, emphasises family inclusion and accountability.

Importantly, Section 176 CRPC. (now Section 196 BNSS) prohibits joint inquiries by the police and Magistrate to ensure impartiality and avoid conflicts of interest. The proceedings under this section are judicial in nature and can be reviewed by the High Court under Sections 397, 401, or 482 of the CRPC (now Sections 438, 442, and 528 BNSS, respectively). However, when the Magistrate acts on government directives, the inquiry assumes an administrative character, exempt from judicial revision.

Inquest Cases

Inquest should be conducted in the following cases:-

i. Where the case involves suicide by a woman within seven years of her marriage; or

ii. Where the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or

iii. Where the case relates to the death of a woman within seven years of her marriage any relative of the woman has made a request in this behalf; or

iv. In cases of custodial deaths, The officer in charge of the Police Station shall get the Inquest proceedings conducted by the Executive Magistrate and if the investigation reveals such death was caused due to harassment for dowry; all such cases should be investigated by the Dy. S.P. Having jurisdiction till the cases are taken over by the COD for further investigation.

v. Where there is any doubt regarding the cause of death; or

vi. Where the police officer for any other reason considers it expedient so to do, the investigating officer shall, subject to such rules as the State Government may prescribed in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the State Government

The District Magistrate or Sub-divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate can conduct an inquest. When the officer-in-charge of the Police Station is unable for adequate reasons to hold the investigation himself and deputes a subordinate who has been specially empowered by the State Government to do so, he shall, at the first opportunity, personally verify the letter's investigation, if there is a suspicion of any crime.

Procedure of Inquest

To address the procedures surrounding cases of unnatural deaths, Section 174 of the Code of Criminal Procedure (Cr.P.C.) was enacted, outlining the responsibilities of police officers and Magistrates in such instances. The primary duty of a police officer or Magistrate under this provision is to determine the cause of the unnatural death. This involves examining the body and conducting an inquiry to ascertain the reasons that led to the person’s death. The possible causes of death are specified under Section 174(1) Cr.P.C(now 194 of BNSS). However, the scope of this section is limited to identifying the apparent cause of death and does not extend to tracing or identifying the individual responsible for causing it.

In Radha Mohan Singh v. State of Uttar Pradesh, the Supreme Court emphasized that Section 174 Cr.P.C. (now 194 of BNSS) is confined solely to determining the apparent cause of death. It does not authorize the police officer or Magistrate to investigate who caused the death, how the death occurred, or under what circumstances the death transpired. Consequently, the inclusion of the accused's name in the inquest report would render the report unsustainable. When no foul play is suspected, the body must be handed over to the deceased's legal heirs. However, in cases where there is suspicion regarding the death, the body should be sent to a government medical officer for a post-mortem examination. A 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. 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.

International Approaches to Inquest Systems

Inquests have different patterns in the countries, which will help learn the appropriate one for India. In the United Kingdom, the Coroners and Justice Act, of 2009 provides for judicial supervision where independent coroners carry out inquests and make annual reports to the public. While coroner systems and medical examiner systems exist in the United States, centralized information includes systems such as the National Violent Death Reporting System or NVDRS. Australia currently focuses on prevention measures, and coroners provide recommendations and appropriate records within the NCIS database. Canada incorporates public hearings into its fact-finding activities and enhances system reform.