Conferring the power of special executive magistrate on a police officer for inquest
S.B.adil rahman
(Querist) 04 May 2013
This query is : Resolved
Whether the State Government can confer the power of Special Executive Magistrate upon a police officer to hold the Inquest under section 174 Cr.PC over the dead bodies in mandatory violation of the said section? Please enlighten me with the rulings of the Apex Court or any other court.
Devajyoti Barman
(Expert) 04 May 2013
For ruling please make necessary searches in various websites.
S.B.adil rahman
(Querist) 04 May 2013
Is there any ruling? I failed to trace out any ruling on the sites as well as in SCC and hence at this forum to ask my learned friends. The issue is very complicated and is in force in West Bengal. ACPs are holding Inquest being authorised by administrative orders of the Home Secretary. What the law says? So far I know the Inquest can only be held by an Executive Magistrate. And conferring this power to any Police officer without amendments in section 174 and section 21 appears to be illegal. That is why I am here at this forum. Barman Babu, do you have any idea about the issue?
R.K Nanda
(Expert) 04 May 2013
search google.
S.B.adil rahman
(Querist) 04 May 2013
Nanda Sahib, I have searched Google but to no effect.
Nadeem Qureshi
(Expert) 06 May 2013
Then read the Criminal Procedure Code 1973
Nadeem Qureshi
(Expert) 06 May 2013
Dear Adil Sahab
Read section 174 of Cr.PC, specially the word===== "unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub- divisional Magistrate"
according to these words the state govt. and DM and SDM both have power to do any thing
174. Police to enquire and report on suicide, etc.
(1) When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub- divisional Magistrate, shall proceed to the place where the body
of such deceased person is, and there, in the presence of two' or more respectable inhabitants of the neighbourhood, shall make an investiga- tion, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any); such marks appear to have been inflicted.
(2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub- divisional Magistrate.
(3) 1[ When-
(i) the case involves suicide by a woman within seven years of her marriage; or
(ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or
(iii) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or
(iv) there is any doubt regarding the cause of death; or
(v) the police officer for any other reason considers it expedient so to do, he shall. subject to such rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless.
(4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub- divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate.
Raj Kumar Makkad
(Expert) 06 May 2013
Respected Rahman! I have tried my best to search direct citation on your point but could not find, however, this is an indirect, say somehow connected judgment. You can definitely get some answer to your question.
http://www.indiankanoon.org/doc/163154540/
sibojyoti chakrabarti
(Expert) 11 May 2013
Dear Mr Rahaman,
in case of kolkata police morgue situated behind mohammad ali park, yes it is true the Coroners Court is now presided by an Assistant Commissioner of Police given powers of Special Executive Magistrate vide a circular issued by Government of West Bengal. The legality is since the government has issued it is assumed to be valid, but in actual circumstances inquest is done by Learned Executive/Sub-Divisional Magistrates.
With Regards,
Sibojyoti Chakrabarti
emial- sibo.chakrabarti@gmail.com
ph- (0)9883122412
prabhakar singh
(Expert) 11 May 2013
I think this site is not to make these kind of advertisements as made above and copy pasted below:
"Sibojyoti Chakrabarti
emial- sibo.chakrabarti@gmail.com
ph- (0)9883122412"
IT LOOKS CHEAP AND BELOW DIGNITY OF A LAWYER.RULES OF PRACTICE ALSO BAR IT.
sibojyoti chakrabarti
(Expert) 11 May 2013
Dear Mr Singh, this is not any advertisement for your kind information, this is only my contact information, but from now onwards i will not use the same.
I hope to make myself clear, in this aspect.
S.B.adil rahman
(Querist) 11 May 2013
Dear Mr.Chakraborty, I believe that Mr.Prabhakar Singh has mistaken me as a client. Never mind. He talks of the dignity and we have seen the dignity of famous lawyers of Supreme Court involved in BMW case and also in fixing the judges(Anna Hazare movement).Let me finish with a humour with sincere apologies to Mr.Singh. It goes on like this in Q&A form: Q: Know how copper wire was invented?
Ans: Two lawyers were fighting over a penny dragging it each one on his side and the coin became a copper wire.
prabhakar singh
(Expert) 11 May 2013
janabe S.B.adil rahman ki soch par muzhe bas taras aa raha hai!
i read your comments to janabe Ndeem's reply.Even then i wrote so.
Your Comments read"a co-professional."
prabhakar singh
(Expert) 11 May 2013
I made this remark on his every post.
What i think i think and i think not for to do wrongs big men do because i am not as big
as others are.
Whatever sounds me bad i oppose it that may go to prove jest like your's is not my business.
i have been opposing it and i would be?
at least 5 i know left this site and that proves who intends what?
All those look like humans are not humans.
S.B.adil rahman
(Querist) 12 May 2013
Prabhakar Singh Saheb! Aap bekar gussa kar rahe hain!Aap hamesh phatey mey taang adatey hain.Jahan zaroorat nahi hai wahan aap ka bolna zaroori ho jata hai!Lekin mujhe bura nahi lagta! Aap ki aayu ko jab main pahunchoonga tow mai bhi aap hi ki tarah shayed baat karne lagoon!Achha ek joke suniye aur mood fresh kijye.Yeh Ram deo baba aur Anna hazare ji ki andar ki baat hai!
"Anna Hazare:soch raha hu shadi kr lu
Baba Ramdev:karle yaar
Anna:kunwari se karu ya vidhwa se?
Ramdev:kuwari se karle vidwa apne ap ho jayegi. Good Night
