Para 129 to 146 | Chapter XII Inquests & Post-Mortem | Uttar Pradesh Police Regulations

129. Any sudden or unnatural death to be reported by village Chaukidar to the police station.—

Under Section Section 40 of the Code of Criminal Procedure, 1973 (2 of 1974) the village chaukidar is required to report at the police station the occurrence in or near his village of any sudden or unnatural death under suspicious circumstances or the discovery in or near his village of any corpse or part of a corpse in circumstances which lead to reasonable suspicion that such a death has occurred.

When such a report is made, a police officer empowered to make an investigation under Section 174, Criminal Procedure Code, 1973 (2 of 1974) must immediately take action indicated in this section.

130. [Omitted]

131. All sub-inspectors and head constables empowered to make inquiries u/s 174 Code of Criminal Procedure, 1973 (2 of 1974).—

All sub-inspectors and such head constables as may be specially selected by the Superintendent of Police, are empowered by the local Government to make inquiries under Section 174 of the Code of Criminal Procedure, 1973 (2 of 1974).

132. Inquest report by police.—

Investigation by the police under Section 174 of the Code of Criminal Procedure, 1973 (2 of 1974) should, if possible, be made before the body is touched or moved. The inquest report should be in Form No. 211. In cases in which there is doubt that death was due to an accident or suicide and in which inquiry is concluded in one day, this form may be used both as the inquest report under Section 174, Code of Criminal Procedure, 1973 (2 of 1974) and as the case diary prescribed under Section 172.

133. [Omitted]

134. Known or suspected dead bodies related to cognizable offence to be sent for post-mortem examination,—

When death is known or suspected to be due to the commission of a cognizable offence, or when for any other reason the investigation officer considers it expedient so to do, he shall send the body for postmortem examination if the state of the weather and the distance admit of its being forwarded without risk of such putrefaction on the road as would render examination useless.

135. Recording of finger prints of unidentified corpses.—

The finger impressions of all unidentified corpses should be taken on search slip forms and sent to the Finger Print Bureau for search. Similarly, where death is known or suspected to be due to the commission of a cognizable offence, and where there is any possibility that finger impressions if subsequently found on the scene of the crime may become material to the investigation of the finger impressions of an identified corpse should be taken on a search slip in order that they may be compared with any finger impressions found at the scene of the crime before time is wasted in using the latter as a basis of search for the culprit.

Ordinarily there is not much difficulty in taking impressions from the fingers of a corpse, but sometimes the skin of the fingers is contracted and wrinkled that decipherable prints cannot be obtained. In such cases the medical officer holding the post-mortem should be asked to remove the skin from the fingers. He should place each piece in a separate sealed envelope, making on the outside the finger to which it belongs. These envelope should then be sent to the Finger Print Bureau for opinion.

The finger prints of corpse should invariably be taken under the supervision of an officer not below the rank of Sub-Inspector. Prints of all fingers must be taken, and the supervising officer will certify by his signature on the search slip that the impressions have been correctly taken in his presence. The supervising officer will note in the remarks column of the search slip the condition of the body, whether in all advanced stage of decomposition or otherwise.

135-A. Process when an unclaimed or unidentified body is recovered by police.—

When a corpse recovered by the police is unclaimed or cannot be identified the police officer making enquiry under Section 174 of the Code of Criminal Procedure, shall arrange to give the fact of discovery the widest possible publicity with a view to its identification as also to the tracing out of the deceased's relations, friends or acquaintances to whom it can be made over for disposal. In rural areas such publicity shall be made by beat of drum and in urban areas the police officer may also take the help of the local press, broadcasting station, if any, and voluntary organisations like the Sewa Samiti.

The police officer making the enquiry shall also, as far as possible endeavour to ascertain correctly the faith to which the deceased belonged in order to ensure proper disposal, if eventually necessary, of the corpse according to the customary rites of the faith to which the deceased belonged. With this end in view the officer concerned shall, besides making other enquiries, carefully examine the corpse to see if it has got any distinguishing features, such as might be held to establish the deceased's, denomination and make an entry to this effect in the general diary and the inquest report.

If after due publicity a dead body remains unclaimed the Superintendent of Police of district may hand it over to recognised Medical College for purposes of anatomical examination and dissection at their own expense. The officer-in­charge of such college shall furnish to the Superintendent of Police a certificate to the effect that after anatomical examination and dissection the corpse was disposed of according to the customary rites of the faith, to which the deceased belonged.

136. Steps taken by I.O., when medical officer making examination of dead bodies.—

The following steps shall be taken by investigation officers to assist medical officers in making examinations of dead bodies and injured persons:

I.—In cases of suspected poisoning

A. —The following substances and articles should be collected and dealt with as prescribed in Paragraph 139 :

(1) Any food or drink taken by the person supposed to have been poisoned.

(2) Any vomitted matter which may be on the person or bed; this should be carefully swabbed up with a rag.

(3) Any clothing, matting, wood, mud or other substance into which any vomitted matter has soaked.

(4) The contents of any vessel containing vomitted matter; this should be carefully put into a bottle.

(5) The ashes of the funeral pyre in the event of cremation.

B. —Information on the eight following points should be elicited as early as possible and entered in the case diary in due order :

(1) The interval between the last time that the person who is supposed to have been poisoned are or drunk anything or took any medicine and the first appearance of symptoms of poisoning..

(2) The interval between the last time of eating or drinking either food or medicine and the occurrence of death (if death occurred).

(3) Whether the person moved from the place where the first symptoms were noticed, and, if so, how far he went.

(4) What were the first symptoms of poisoning.

(5) Whether vomitting or purging occurred.

(6) Whether the person fell asleep or became drowsy.

(7) Was there vomitting?

Whether the patient complained of tingling of the skin or throat.

(8) Any other symptoms noticed.

In cases of suspected human poisoning a short account of the facts of the case should be given in the fpllowing form for the guidance of the Chemical Examiner when the substance is transmitted for analysis :

(1) Name, sex and age of patient.

(2) Nature of food last taken.

(3) How soon after this meal did the symptoms of poisoning begin?

(4) Did the patient walk from the place where he was first taken ill? If so, how far?

(5) Did the patient complain of pain or discomfort?

(6) Was there purging?

(7) Was there vomitting?

(8) Did the patient become unconscious? If so, how soon did this occur after the onset of the symptoms?

(9) Was the patient dizzy or faint?

(10) Did convulsions or cramps occur?

(11) Did the patient complain of tingling of the skin or throat?

(12) Did the patient talk sensibly or foolishly?

(13) Did the patient pick at objects on the ground or bed?

(14) Was any treatment adopted? If so, what was its nature?

(15) Did death occur, and; if so how soon after the illness began?

(16) What poison is supposed to have been used?

Information on the above points should be forwarded to the District Magistrate before the latter officer sends the substance for chemical analysis.

N.B.—Wherever possible, a report by a medical officer who has seen the case should be added, which should contain his opinion as to the nature of the poison used. An information given by friends and neighbours should also be noted.

II.—hi case of hanging or strangulation

(1)  If possible, before the body is cut down or removed, the means of strangulation should be noted and any lividity of face, especially of lips and eyelids, any projection of the eyes, the state of the tongue, whether enlarged and protruded or compressed between the lips, the escape of any fluid from mouth and nostrils, and the direction of its flow.

(2)  When the body is cut down, or the means of strangulation removed, the state of the neck should be noted, whether bruised, along the line of strangulation, and the direction of the mark, whether circular or oblique, and the state of the thumbs, whether crossed over the palm :

(3)  The materials by which hanging or strangulation has been effected should, if possible, be obtained, and dealt with as prescribed in Paragraph 142.

III.—When a body found in a tank or well, the following points should be noted

(1)   Any marks of blood around the mouth of the well or tank or on the sides.

(2)  When the body is removed, any external marks of injury, especially about the head and neck.

(3)   Whether the skin is smooth or rough.

The hands should be examined and anything they may hold should be carefully removed.

IV.—In the case of a body found murdered

(1)   The number, character and appearance of any injuries should be noted.

(2)  If a weapon is found, it should be wrapped in paper and sealed; any marks of blood on it and any adherent hairs should be noted and preserved.

(3)  In the case of an exposed infant, the state of the cord, especially whether it is tied, and any marks of violence, should be noted.

V.—In the case of a presumed murder, and burial or cremation of the remains

(1)  Any marks of violence, especially about the skull, should be sought for and noted.

(2)  Any indications of sex should be noted; and a jaw and the bones of the pelvis at least brought away.

(3) If there is any suspicion of poisoning, the earth from the place in which the stomach was found should be carefully taken up and dealt with as in Paragraph 142.

(4) If a body presumed to have been murdered has been burnt, any fragments of bones which may be found among the ashes should be collected and dealt with as in Paragraph 142.

VI-In case in which an opinion on the nature of stains on clothes is required, the stains should be allowed to dry before the clothes are folded up

In the case of blood stains or spots on mud floors or hard earth, etc., the piece containing the suspected stains should be cut out and wrapped in cotton wool before it is disposed of as in Paragraph 142.

137. Dead bodies for examination should by sent to district headquarters.

All dead bodies of which an examination is required shall be sent to the headquarters of the district, except from the places enumerated in Appendix V of these Regulations.

138. Process, when dead body sent for examination by G.R.P.—

In the case of body sent for examination by the Government Railway Police of the headquarters of a district, it shall rest with the Superintendent of Police of the district concerned to decide whether a post-mortem examination is actually necessary.

139.  Procedure, when a body is sent for post-mortem examination.—

The following procedure shall be observed when a body is sent for post-mortem examination: 

(1) The body shall be laid in the shell in the state in which it has been found. No substance should be applied to it in the hope of delaying decomposition.

(2) The body shall be accompanied by a police constable and a chaukidar. If the thana is over 20 miles distant from the medical officer, the constable and chaukidar may be relieved at one or more intermediate stations; but the number of reliefs should be kept as low as possible.

(3)  The names of the police constable and chaukidar and of relieving constables and chaukidars, if any, shall always be entered in Police Form Nos. 13 and 33.

(4)  The constable accompanying the body shall be given from the permanent advance of the station a sum sufficient to pay the coolies and other necessary expenses, and a cheque in Form No. 11 for the realization of the money at headquarters, if the body is being sent there.

(5)  The constable be instructed by the officer sending in the body to make it over to the medical officer with the usual requisition; he will remain in charge of the body until the medical officer has completed the examination, and will arrange for the disposal of the remains in the absence of relatives of the deceased.

(6)  The investigating officer shall prepare in duplicate a descriptive roll of the body, containing particulars of identification distinct from any injuries that may be apparent. He shall give one copy of this roll to the constable accompanying the body, and send the other by post to the police officer in charge of headquarters. 

(7)  Besides this descriptive roll, there shall be sent with the body a statement in Form No. 13, which must be prepared with the utmost care. From this, if the body is sent to headquarters or to any other place where there is an English police officer, a statement in English, also in Form No. 13 will be prepared in that office and will be forwarded to the medical officer, with a requisition for post­mortem examination in Form No. 33 and a detailed translation of the investigation officer’s report on the appearance and situation of the body and on the cause of the death as far as the investigating officer has been able to ascertain it. If there is no English police officer, at the place to which the body is sent, the only papers delivered to the medical officer will be those sent with the body by the investigating officer.

Note. - The Superintendent is authorised to call on the Civil Surgeon to make post-mortem examination.

(8) The constable and chaukidar shall identify the body in the presence of the medical officer before the post-mortem examination is made.

(9) A translation of the Civil Surgeon's report should be made in the Superintendent's office as soon as possible, and a copy of the translation despatched to the officer-in-charge of the police station.

140. Objects of examination should clearly explained in Inquest report.—

When a police officer sends a person for examination by a medical officer, he should clearly explain the objects of such examinations (unless for special reasons explanation appears undesirable). Superintendents of Police should as far as possible take steps to prevent cases being sent to medical officers unnecessarily.

SHORT NOTES

It is mandatory according para 140, that the police officer who fillup the Inquest report should note the objective of the post-mortem in his report to medical officer and S.P. of the district has power and it is also his duty to stop the undue post-mortem of a dead body.

141. Public Prosecutor to directly correspond with Civil Surgeon when sending any article for examination.—

The public prosecutor will correspond direct with the Civil Surgeon when sending an article or substance to him for examination.

142. Exhibits connected with the commission of an offence should be sent to Public Prosecutor or to Magistrate for required testing in Forensic laboratory.—

(1) All substances or articles connected with the commission of an offence which may be required as evidence at a trial should be sent with an invoice by the investigating officer to the public prosecutor who shall sign the invoice to show that he has received the paicel and shall make an entry for it in his register. The invoice should show the name of the constable who has brought the sealed cover.

The labels attached to exhibits which may subsequently be sent for blood nalysis should be pasted to the exhibits with flour-paste and not with gum.

(2) If no medical or chemical examination of the article is required, the public prosecutor shall keep it until it is wanted for production in Court.

(3) If examination by the Civil Surgeon or Chemical Examiner appears to be necessary, the public prosecutor shall send it, to the Civil Surgeon with a letter requesting him to examine it. The Civil Surgeon must be informed of the details of the case, as a full medico-legal history must accompany articles sent to the Chemical Examiner or Imperial Serologist. He must also be informed if blood group tests are required. There must not be asked for unless really essential to the case. The public prosecutor shall note in his register, the agency by which the parcel is sent and shall obtain the Civil Surgeon’s receipt for it.

(4) On receiving the parcel, the Civil Surgeon will open it and inspect the contents. If he finds that he can examine them, he will do so, and unless they consist of offensive matter such as stomach washing, vomit or viscera, he will return them with the report of his examination to the Public Prosecutor, who will produce the report and the contents of the parcel, if returned, when required by the Court to do so. If the contents are of such a nature that chemical examination appears desirable, the Civil Surgeon shall inform the Court to that effect and return the contents until orders from the Court are received.

(5) On receipt of orders from the Court requiring him to send the contents to the Chemical Examiner; the Civil Surgeon shall proceed as laid down in Chapter XV of the Medical Manual.

(6) If the Court intimates that it does not consider an examination by the Chemical Examiner necessary, the Civil Surgeon shall return the contents of the parcel to the Court for disposal, obtaining a receipt for it from the Court.

The Civil Surgeon shall be the custodian of substances of an offensive nature as long as the medical analysis is under consideration. Once the analysis has been made and the report and the substances have been presented in Court, the police should take charge of the exhibits, which should be kept in the malkham.

143. In case of dangerous injuries wounded persons to be conveyed to headquarters.—

Wounded person shall be conveyed to headquarters, or in certain districts to the places mentioned in Appendix V, if their injuries are very severe or dangerous and they are able to bear the journey, otherwise they may be sent to a mufassil dispensary if there is one "nearer. If the wounded person is sent to the headquarters of the district or\to a place where there is an English Police Officer, Form No. 34 will be prepared there; otherwise Form No. 34-A will be prepared by the officer-in-charge of the station.

In large towns the Superintendent-of-Police should prescribe the route to be followed when a corpse is taken to the mortuary; a copy of these orders should be kept at every police station in the district.

143-A. First-aid given by the Medical Officer in Medico-legal case.—

When a Medico-Legal case is brought by the police to an outlying dispensary, the Medical Officer of that dispensary should give the necessary first-aid and decide whether it is a fit case to be transferred to the Sadar Hospital or whether the required treatment is available at the outlying dispensary. In the former case, the Medical Officer will advise the police officer-in-charge of the escort to take the patient to the Sadar Hospital by the quickest possible means of transport and the patient will be given the necessary treatment there.

144. Injury or post-mortem report made by the medical officer.—

(i) The Medical Officer shall prepare an injury or post-mortem report in triplicate. The original copy of the report will be forwarded to the Superintendent of Police through the normal channel, the duplicate copy will be handed over in a sealed cover to the constable accompanying the injured or the dead body, and the third copy will be retained by the Medical Officer as the office copy.

(ii)  If in the course of investigation, it becomes necessary to seek information on certain points pertaining to the injury or post mortem report, the Superintendent of Police may depute an officer not below the rank of Sub- Inspector of Police, with a written letter of request, to bbtain such information from the Medial Officer who had prepared the injury or post-mortem report. The Medical Officer shall supply the information and keep a record of such replies.

145. A shell for conveyance of corpses provided to police stations.—

A shell for the conveyance of corpses and a covered stretcher for carrying wounded persons are provided for each police station, including all railway police stations. The shells for the dead bodies must never be used for carrying wounded persons.

The covered stretcher should be a common country charpai and duli poles attached in the usual way, and a blanket thrown over the pole for shade.

146. No person may be sent for medical examination against his will.—

No person may be sent by the police for medical examination against his will. If a woman in a police case declines to be examined by a male Medical Officer she should be sent to the Lady Doctor in charge of the local Dufferin Hospital, who shall personally examine her and give evidence in Court, if and when required to do so. This work will form part of her regular duties for purpose of Paragraph 422 of the Medical Manual and the Lady Doctor will not be entitled to any fee for the work. She will, however, receive the travelling and halting allowance for giving evidence in the Court as admissible to her under Paragraph 741 of the Medical Manual.