Types of Law
Criminal Law
- Deals with offences considered to be against the public interest:
- Offences against the person
- Offences against property
- Offences against public safety
- Offences against security of the state, etc.
- One party = the state
- Other party = the accused
Civil Law
- Deals with disputes between two individuals or parties
Legal Terms
Who brings the action:
- Plaintiff (the person bringing the case)
- Defendant (the accused)
Common Law
Made by judges through decisions in individual cases
Inquest
Definition
An enquiry or investigation into the cause of:
- Sudden deaths
- Suspicious deaths
- Unnatural deaths
Purpose of an Inquest
To establish reliable answers to four important questions:
- Identity of the deceased
- Place of the death
- Time of the death
- Cause of death
Indications for Inquest
Situations That May Warrant an Inquest
- Death in custody
- Sudden death
- Industrial diseases
- Drug and/or alcohol-related deaths
- Abortions
- Suicide
- Domestic accidents
- Deaths associated with medical treatment
- Allegations of negligence
- Operation-related deaths
- Infant deaths
- Road accidents
- Homicide
Types of Inquest
- Police inquest
- Magistrate’s inquest
- Coroner’s inquest
- Medical Examiner’s inquest
Police Inquest
(Section 174 of CrPC / 194 BNSS 2023)
- Conducted by the officer in charge of a police station (usually a sub-inspector)
- Known as the Investigating Officer (I.O.)
Procedure:
- Receives information
- Informs the executive magistrate to hold the inquest
- Proceeds to the place
- Makes an investigation in the presence of two or more respectable persons from the locality
Prepares a report consisting of:
- Cause of death
- Description of wounds, features, bruises, and other injury marks
- Manner and instrument of injury (Panchanama)
- Report is signed by the police officer and panchas
If no foul play is suspected:
- Body handed over for disposal
If foul play suspected:
Body sent for postmortem to authorized hospital with:
- Requisition
- Copy of the inquest report (Panchanama)
Report is forwarded to:
- District Magistrate
- Sub-divisional Magistrate (SDM)
Magistrate’s Inquest
(Section 176 CrPC / 196 BNSS 2023)
- Considered superior to a police inquest
- Not held routinely; conducted only when especially indicated
Conducted by:
- District Magistrate (Collector / Deputy Commissioner)
- Sub-divisional Magistrate (RDO)
- Tahsildar
- Any other executive magistrate specially empowered by the state
Cases Where Inquest is Done
Inquest is done in cases of:
- Death in police custody while under police interrogation
- Death due to police firing
- Death in prison
- Death in psychiatric hospital
- Dowry deaths
- Exhumation
- Any person who dies or disappears while in police custody
- Alleged rape in police custody
- In any case of death, the magistrate can conduct an inquest:
- Instead of police inquest
- Or in addition to police inquest
Circumstances Necessitating Police or Magistrate Inquest (Flowchart)
Police Inquest (Section 174 CrPC)
Conducted by:
- Station House Officer (SHO)
- Sub-inspector or officer-in-charge
Circumstances include:
- Homicide
- Suicide
- Accidental or any unnatural death
- Death under suspicious circumstances
- Death due to machinery, animal, or vehicle
- Death by drowning, burns, electrocution, or fall
- Deaths in public places
- Dowry deaths (report sent to Magistrate)
- Magistrate’s Inquest (Section 176 CrPC)
Conducted by:
- District Magistrate
- Sub-divisional Magistrate
- Executive Magistrate
- Judicial Magistrate
Circumstances include:
- Suicide by a woman within 7 years of marriage
- Death of a woman within 7 years of marriage under suspicious circumstances
- Death during police custody or interrogation
- Death in prison, psychiatric hospital, or police firing
- Dowry death when inquest by magistrate is ordered
- Death during exhumation
- In case of dispute or if the police are unable to conduct an inquest, a magistrate may intervene
Difference Between Police Inquest and Magistrate Inquest
S.No. Feature Magistrate Inquest Police Inquest
- Investigating officer DM, SDM, or other Executive Magistrates Police officer (not qualified in medicine)
- Informing magistrate Not required Required
- Types of cases handled All suspicious, custodial, dowry deaths Limited cases (custodial, dowry deaths, etc.)
- Witnesses Can summon anyone Panchas (local people, chosen randomly)
- Warrant for arrest Can issue arrest warrants Cannot issue arrest warrants
- Exhumation Can order exhumation Cannot order exhumation
- Autopsy Can send bodies for autopsy indiscriminately Sends bodies only for judicial necessity
- Analysis of viscera Can order chemical analysis Cannot order
- Quality of investigation Superior Inferior
Coroner’s Inquest
- Under Coroner’s Act 1871
- Previously held at Kolkata (Calcutta) and Mumbai (Bombay)
- Abolished in Kolkata long ago
- Discontinued in Mumbai on 29 July 1999
- Still conducted in UK and USA
- A court of inquiry
- Conducts inquests in all unnatural and suspicious deaths
- Doctor is summoned to give evidence
- Only court of inquiry into the cause of death
- Coroner:
- Examines witnesses on oath
- Records their evidence
- Gives verdict on cause of death after the inquiry
Comparison: Coroner’s Court vs Magistrate’s Court
-
Type of Court:
- Coroner’s Court: Court of inquiry
- Magistrate’s Court: Court of trial
-
Accused:
- Coroner’s Court: Accused need not be present
- Magistrate’s Court: Accused should be present
-
Punishment:
- Coroner’s Court: No power to impose punishment or fine
- Magistrate’s Court: Can impose punishment and fine
-
Contempt of Court:
- Coroner’s Court: Can punish for contempt if committed within court premises
- Magistrate’s Court: Can punish whether inside or outside court premises
-
Status in India:
- Coroner’s Court: Not followed
- Magistrate’s Court: Followed
Offences
-
Offence:
- Any act or omission made punishable by any law
- (As per Section 2(n) of CrPC and Section 40 of IPC)
-
Types of Offences:
- Cognizable offence
- Non-cognizable offence
- Bailable offence
- Non-bailable offence
0 Comments