An inquest is a legal inquiry into the cause and circumstances of an unnatural death. In India, there are two main types of inquests - a police inquest conducted by an officer and a magistrate's inquest ordered by a district magistrate. A police inquest is conducted under Section 174 of the Code of Criminal Procedure for any unnatural death. It involves examining the scene, speaking to witnesses, and may require an autopsy. Any discrepancies between the inquest report and autopsy report must be resolved.

1. By
Jinosh Daniel

2. AN INQUEST IS AN ENQUIRY INTO THE
CAUSE OF DEATH.
or
AN INQUEST IS A LEGAL INQUIRY INTO THE
CIRCUMSTANCES AND THE CAUSE OF DEATH
OF A DECEASED PERSON IN CASES OF
SUDDEN, SUSPICIOUS AND UNNATURAL
DEATHS.

3. TYPES OF INQUEST
1.POLICE INQUEST
2.MAGISTRATE INQUEST
3.CORONER’S INQUEST
4.MEDICAL EXAMINER’S INQUEST.

4. At present, in India two types of inquest are
followed,
1.POLICE INQUEST
2.MAGISTRATE’S INQUEST.

5. POLICE INQUEST.
 Conducted by an officer in charge of a police station.
 Its usually conducted by an officer of the rank of sub
inspector of police.
 The police officer making the inquest is known as
investigating officer(I.O.).

6.  Police inquest is conducted under S.174 of Cr PC if the
police officer in charge receives information that a
person has committed suicide, or has been killed by
another or by an animal or by machinery or by an
accident, or has died under circumstances raising a
reasonable suspicion that some other person has
committed an offence.
 Before the inquest is done by police it should be
informed to the executive magistrate of the area.
 The inquest report prepared by the police is known as
Panchnama.
 In case of any doubt regarding the cause of death or in
case of any unnatural the body of deceased is sent by
investigating officer for autopsy to the concerned
medical officer with the inquest report.

7. MAGISTRATE INQUEST
 This is empowered by a district magistrate, sub-
divisional magistrate or any executive magistrate
especially empowered by the state government such as
collector, deputy collector or Tahsildar .
 In case of any death a magistrate may conduct an
inquest instead of or in addition to the police inquest
(S.176, Cr.P.C.).

8. Magistrate inquest is conducted in case of
Death in prison
 Death in police custody and while under police
interrogation
 Death due to police firing
 Death in a psychiatric hospital
 Dowry deaths
 Exhumation (S.174(4) and 176, S.CrP.C)

9. CORONER’S INQUEST.
 According to Coroner’s Act 1871 coroner’s inquest existed in
Mumbai.
 Coroner used to be a special officer appointed by the
government to inquire into causes of unnatural deaths. The
Coroner was required to have a legal qualification and is usually
an advocate, attorney, pleader, or first class magistrate, or a
transferred metropolitan magistrate (all of whom must have a
minimum of five years experience in the legal field). He held the
rank of a First Class Judicial Magistrate.
 The coroners court was a court of inquiry and not a trial court.
After conducting an enquiry into the cause of death, if the
Coroner found ample evidence against some suspect, he would
forward a copy of his inquisition report to the Commissioner of
Police, and he would take further action in this regard
 Coroner’s court was discontinued on 29 July 1999.

10. Medical examiners system.
In countries like USA, Canada and Japan, medical
examiners system is practiced. In this system all
sudden, unnatural, unexpected or unexplained
deaths are investigated by a medical examiner who
is a forensic pathologist.

11. PROCEDURE UNDER A POLICE INQUEST.
Police inquest:
In accordance with S. 174 of Cr PC, all over India an
officer, usually of the rank of a sub inspector of police
in charge, on receiving information of any accidental
or unnatural death of any person immediately informs
the nearest Executive Magistrate and proceeds to
the place where the body of the deceased person is.
There in the presence of two or more respectable
persons (panchas) makes an investigation
(S.175, Cr.P.C.).

12. He prepares report of the apparent cause of death. The
report contains (i) Brief facts of the case (ii) statements and
opinions of two or more relatives or neighbors or friends of
the deceased (iii) a sketch of the scene where the body is
lying (iv) a form filled up by the police officer himself, giving
details of injuries as visualized by him describing wounds,
fractures, bruises

13. ,
and other marks of injury found on the body and stating in what
manner or by what weapon or instrument such injuries appear to
have been afflicted. (v) any treatment records, if the person was under
treatment for some disease or injury prior to his death (vi) a copy of the
MLC, if this was made at the time the patient was brought to the hospital
(vii) statement of the deceased prior to his death regarding his cause of
death(viii) suicide note of the deceased if this was found (ix) a copy of the
First Information Report (FIR), if this had been lodged with the police .

14. The inquest report(panchnama)is then signed by the
investigating police officer and by the witness.
If no foul play is suspected, the dead body is handed over
to relatives for burial.
In cases of suspected foul play or doubt the body is sent for
postmortem examination to the nearest authorized
government doctor together with a requisition and a copy of
inquest. The report is forwarded to the magistrate.

15. According to s 162 of Cr Pc, when the investigating officer asks for
a statement, the medical officer has to give it unless otherwise
directed by any other rule prescribed by the state government.
After preparing the post-mortem report, the original is given to
the investigating officer and the duplicate is kept in the office
records for subsequent reference. It is studied by the doctor at
the time the he is summoned in that case by the court of law.
Discrepancy between the inquest report and postmortem report.
When the medical officer finds grave differences between the
inquest and the autopsy, he can inform the investigating officer
through the police constable to meet him at the earliest. Even if
there is some discrepancy between the inquest report and the
postmortem report, the list of injuries mentioned in the inquest
report cannot prevail over the details of the postmortem report.

16. The police officer may summon the persons who appear to
know the facts of the case for investigation purposes. The
summoned person is bound to attend and answer question
put to him. Refusal to answer questions put to him is
punishable with imprisonment up to six months, under
S.179, I.P.C.