need to view the condition of the body and to order the body to be exhumed if
necessary; to inquire when, where and the cause of the death in detention;
whether any person is criminally involved in causing the death. After the inquiry
of deaths in detention has completed, a copy of the Coroner’s report that
contains recorded statements and his judgement of the case, will be
immediately submitted to the Public Prosecutor for further action.
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However if the Public Prosecutor finds any cases of death in custody that have
been closed that require further inquiry, he can direct the Coroner to reopen the
case and carry out further investigation as mentioned in Section 339 (2) of CPC:
“(2) When the proceedings at any inquiry under this Chapter have been closed
and it appears to the Public Prosecutor that further investigation is necessary,
the Public Prosecutor may direct the Magistrate to reopen the inquiry and to
make further investigation, and thereupon the Magistrate shall have full power
to reopen the inquiry and make further investigation and thereafter to proceed
in the same manner as if the proceedings at the inquiry had not been closed:
Provided that this subsection shall not apply to any inquiry at which a finding of
murder or culpable homicide not amounting to murder has been returned
against any person.”
It shall not be necessary for a Magistrate holding an inquiry to view the body of the deceased, but the
Magistrate may if he considers it expedient view the body, and may for that purpose cause the body to be
exhumed.
Section 337 Inquiries to be made by Magistrate.
A Magistrate holding an inquiry shall inquire when, where, how and after what manner the deceased came by
his death and also whether any person is criminally concerned in the cause of the death.
Section 338 Evidence and finding to be recorded
(1) The Magistrate holding an inquiry under this Chapter shall record the evidence and his finding thereon and
shall immediately transmit to the Public Prosecutor the original of such evidence and finding duly authenticated
by his signature or a copy of such evidence and finding certified under his hand as correct
(2) The place in which any inquiry of death under this Chapter is held shall be a place open to the public. But a
Magistrate conducting an inquiry of death may, on special grounds of public policy or expediency, in his
discretion, exclude the public or any person or persons in particular at any stage of the inquiry from the place in
which the inquiry is being held.
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