Disposal of the Dead and Inquest Procedure

1. 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

2. 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

3. 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

4. When does an inquest become necessary ? • The cause of death is not known • All unnatural deaths • Suicides • Homicides • Transportation injuries • Accidental deaths – domestic/industrial

5. When… ? • Suspicious deaths • Deaths directly due to a medical or surgical procedure • Deaths in custody, prisons, mental & leprosy hospital • Alleged medical negligence • Tetanus & rabies

6. 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

7. Place of inquest • Place where the person died or in the hospital

8. 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

9. 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

10. 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

11. Certification of a death • Inquirer’s certificate • Registrar of deaths • Death certificate

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. Read… • Simpson’s Forensic Medicine

21. 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.

22. Mr. A. Priyantha, 28 year , while crossing High Level road at Nugegoda knocked down by a bus, found dead on admission to CSTH.

23. A dead body of an unidentified young female found in an abandoned house.

24. 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.

25. Thank you