What is the procedure at an inquest?

What is the procedure at an inquest?

The inquest is an inquisitorial process rather than an adversarial one; this means that it is an investigation not a trial with contested opponents. The Coroner and/or Jury will hear evidence from live witnesses who attend at court and also may be read witness statements from witnesses who are not present.

Is an inquest a criminal procedure?

An inquest is not a trial. It is not the role of the Coroner to decide any question of criminal or civil liability or to apportion guilt or attribute blame. Once the Coroner’s investigation into a death is complete, the Coroner will decide if an inquest is to be held.

What is the significance of inquest procedure in criminal justice process?

SECTION 1, Inquest proceedings shall refer to an informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether or not said persons should remain under …

What happens at the opening of an inquest?

The coroner will open the inquest in order to issue a burial order or cremation certificate (if not already issued immediately after the post-mortem examination) as well as hearing evidence confirming the identity of the deceased. Inquests are open to the public and journalists are usually present.

Who prepares inquest report?

The police, on receipt of an information about the suspicious death, shall register an FIR under Section 174 of CrPC and thereafter proceed to the scene of occurrence to prepare an Inquest Report and a rough sketch of the place of occurrence in the presence of neighbours.

What is inquest purpose?

An inquest is an inquiry into the circumstances surrounding a death. The purpose of the inquest is to find out who the deceased person was and how, when and where they died and to provide the details needed for their death to be registered.

What is the point of a coroners inquest?

What are the types of inquest?

There are 5 different types of inquests:

• Police inquest.
• Magistrate inquest.
• Coroner inquest.
• Medical examiner’s system.
• Procurator fiscal.

Why is an inquest discontinued?

An inquest may be stopped (adjourned) when the Coroner hears any evidence which gives him/her cause to believe the death may have been caused by an unlawful killing (through the commission of a criminal act).

Why would an inquest be discontinued?

What is the importance of the inquest in criminal investigation?

An inquest is an informal and summary investigation conducted by the public prosecutor in a criminal case involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether said persons should remain under custody and correspondingly be charged …

What is an inquest case?

An inquest is held when someone dies from other than natural causes. It is not a trial. It is in the nature of a public inquiry, presided over by a magistrate; its purpose is to establish the truth of how death came about. The state appoints a prosecutor (in this case Mr.

What are inquests proceedings?

Inquests proceedings follow in cases where persons are arrested without the benefit of an arrest order or warrant, or are caught in the act of committing a criminal offense. Only offenses that would require preliminary investigation will have to go through inquest.

What is the purpose of preparing an inquest report?

The preparation of an inquest report under the Code of Criminal Procedure, 1973 is conducted to create a record of crime as it forms an important basis for determining the commission of an offence. The process of criminal investigation is a search for truth.

Do you need a preliminary investigation before an inquest?

Those not requiring preliminary investigation need not go through an inquest proceeding. Here, there is no need for preliminary investigation because there is a deadline for the accused to be detained. Otherwise the peace officer will be guilty of arbitrary detention – delay in the delivery.

Where does the rule on inquest come from?

Going back, the rule on inquest is found in Rule 112, Section 7 of the Revised Rules on Criminal Procedure.