PROCEDURAL FORMALITIES IN EXHUMATION Disinterment of Bodies Pralhad

PROCEDURAL FORMALITIES IN EXHUMATION Disinterment of Bodies Pralhad Kachare Deputy Collector, Nashik

Disinterment of Bodies (Exhumation) • Exhumation is the lawful disinterment of a buried body from its grave. Section 176, • Subsection (3) of authorizes an Executive Magistrate to order for an exhumation and subsequent examination of the dead body (Coroner in Bombay City). • There is no time limit fixed in this country for disinterment contrary to countries like France, (10 years), Germany (30 years) and Scotland (20 years). 10/31/2020 P. V. Kachare, Dy. Collector, Nashik 2

Disinterment of Bodies (Exhumation) 1. Whenever a Police Officer making an investigation reasonably suspects that the body of the person is buried under questionable circumstances, he shall record his reasons in writing and forward the information with a requisition under section 176(3) Cr. P. C. to the nearest executive magistrate to be present at the time of disinterment. 2. In the mean time he should make arrangement to guard the grave. 3. When the body is disinterred, the IO shall establish the identity of the body through witnesses. 4. If there is a possibility of the body being decomposed and unfit for removal for post mortem and in anticipation of such circumstances, the presence of a doctor can also be secured along with the magistrate even before exhumation and the doctor may be requested to conduct post mortem there on the spot. 10/31/2020 P. V. Kachare, Dy. Collector, Nashik 3

Disinterment of Bodies (Exhumation) • 1. To establish the cause of death when • a) Suspicion of foul play arises after burial • b) Dispute arises about the cause of death even after post mortem examination. • c) The body is secretly disposed off after murder. • 2. To establish the Identity in civil cases to claim insurance, inheritance and damages in accident cases. • Here the consent of next of kin is necessary. 10/31/2020 P. V. Kachare, Dy. Collector, Nashik 4

Exhumation • 1. Written authorization for autopsy from the Executive Magistrate/Coroner. • 2. The burial site should be identified positively either by relatives, caretakers of cemetery or by assailant in murder cases etc. • 3. The Medical Officer must be available at the time of Exhumation. • 4. The digging process should be done carefully and every effort must be made to avoid damage to coffin and corpse. • 5. The coffin and the body are to be identified. • 6. Before the autopsy a detailed history of the case may be sought so that more attention can be directed to those areas that raised suspicion of foul play. 10/31/2020 P. V. Kachare, Dy. Collector, Nashik 5

Exhumation • 7. Autopsy should be performed only during day time under natural light. • 8. Privacy during examination should be maintained by proper screening. • 9. If facilities permit, take X-ray of the entire body. • 10. Autopsy should be conducted in the same manner as is routinely done to find out any evidence of violence, poisoning or any natural disease process. • 11. In addition to the routine viscera for chemical analysis, the following samples should also be collected. 10/31/2020 P. V. Kachare, Dy. Collector, Nashik 6

Exhumation • 12. Bones, nails and hair. • 13. Samples of soil from above the coffin, below the coffin and sides. • 14. Look for evidence of previous autopsy like postmortem incisions, manner of dissection of organs etc. • 15. All observations made during the examination must be properly entered then and there in the postmortem notes. 10/31/2020 P. V. Kachare, Dy. Collector, Nashik 7

LIMITATIONS • 1. Advanced decomposition may hamper the identification of injuries and disease process. • 2. Lifting of finger prints to establish the identity may be difficult if the fingers • are mummified and blackened. • 3. Artefacts due to burial and embalming process can cause serious handicaps. 10/31/2020 P. V. Kachare, Dy. Collector, Nashik 8

LIMITATIONS • 4. If the body is decomposed to the point of non identification, interpretation is limited to skeletal injuries and presence of foreign bodies including poisons. • 5. It is impossible to confirm or reject the diagnosis of suffocation, drowning, embolism, pneumothorax etc. • 6. Serious alterations brought about by first autopsy, especially if done by an • inexperienced medical officer can pose problems. 10/31/2020 P. V. Kachare, Dy. Collector, Nashik 9

Scope • 1. In spite of the limitations, a great deal of information may be brought to light from autopsy of an exhumed body. • 2. Doubts and suspicions of the case can be cleared to some extent from the minds of the relatives and public. • 3. Fracture of bones can be easily identified despite decomposition changes and valuable information drawn. • 4. Presence of foreign bodies like bullets, pellets, parts of weapon etc. may indicate the nature of death. • 5. Analysis of viscera may prove useful in poisoning cases. • 6. In embalmed bodies, details are well preserved and cause of death can be ascertained even by microscopic examination. • 7. Skull and mandible may be useful in establishing the identity from dental data and superimposition technique. 10/31/2020 P. V. Kachare, Dy. Collector, Nashik 10