Wednesday 1 August 2012

procedure to be followed in case of custodial death

As per section 176  (1A) Cr.P.C. amendment act.2005, "In case of custodial death Judicial Magistrate within his whose local jurisdiction offence has been committed may hold an inquiry into cause of death either instead of or in addition to investigation held by the police officer".
2)  Section 176 of subsection (2) - "Magistrate holding such an inquiry shall record all evidences collected during such inquiry required in to circumstances of the case". 
3) Section 176 of subsection  (3) :- "In case Magistrate considers it expedient to make an examination of the dead body of any person, who has been already interred, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examine".
4)  Section 176 of subsection  (4) :- "Magistrate shall wherever practicable, inform the relatives of the diseased whose names and addresses are known, and shall allow them to remain present at the inquiry". 
5)  Section 176 of subsection  (5) :- " Magistrate shall ensure that body of diseased is forwarded to nearest Civil Surgeon or other qualified Government authorised medical man for examination of dead body unless, it is not possible to do so for reasons to be recorded in writing". 
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