Exhumation & Inquest in Indian Law – BNSS 2023
Quick Summary:
- Exhumation: Digging out a buried body for legal/forensic purposes
- Inquest: Legal inquiry into suspicious or unnatural deaths
- Governed under BNSS 2023 – Sections 174, 176, 194 & 196
What Is Exhumation?
The term Exhumation is derived from Latin: “ex” meaning “out of” and “humus” meaning “ground”. It refers to the act of digging up a body from a grave, usually for legal investigation.
When Is It Done?
- Suspicious or unnatural deaths
- To confirm identity of the deceased
- Inconclusive or missing post-mortem
Legal Provisions
- Section 174 BNSS: Police authority to investigate unnatural deaths
- Section 176 BNSS: Magistrate’s power to order exhumation
- Written permission must be obtained from a 1st Class Magistrate
- No time limit for ordering exhumation in India
Procedure of Exhumation
- Conducted during daylight only
- Magistrate, doctor, police, and family must be present
- Professional diggers remove the soil carefully
- Coffin lifted using ropes
- Soil and body samples collected
- Postmortem is done and stage of decomposition is recorded
- Bones are cleaned and sent for further analysis
What Is an Inquest?
An Inquest is a preliminary legal inquiry into the cause, manner, and circumstances of a sudden, unnatural, or suspicious death. It may be conducted by the police or a magistrate.
Types of Inquest in India
| Type | Authority | Legal Section | Common Use |
|---|---|---|---|
| Police Inquest | Police Station In-Charge | Sec 194 BNSS | Most common type for suspicious deaths |
| Magistrate Inquest | Executive Magistrate | Sec 196 BNSS | For dowry deaths, exhumation, police custody deaths |
| Coroner’s Inquest | Coroner (not used in India) | — | Discontinued in India |
| Medical Examiner Inquest | Medical Examiner | — | Used in US and developed countries |
Situations Requiring Magistrate Inquest
- Dowry-related deaths
- Deaths in police custody or during interrogation
- Deaths in psychiatric institutions
- Police firing or custody cases
- Exhumation-related investigations
Final Thoughts
Understanding Exhumation and Inquest is crucial in cases involving unnatural deaths. The BNSS, 2023 provides a strong legal framework for these investigations to uphold justice and truth.
Need Legal Help?
Have questions about how exhumation or inquests apply in your case? Contact us or leave a comment below for personalized guidance.
