Postmortem report

This query is : Resolved 
 


Querist : Anonymous (Querist)
27 June 2020

Please suggest whether in criminal case victim's family can get postmortem report only through court or Police is obligated to give a copy of report to deceased family on request.


Rajendra K Goyal (Expert)
27 June 2020

Police / Hospital can give the copy of Report if it is not considered confidential.
In some states, steps are being made to avail such reports online also.
Copy can be obtained from court after report is submitted in the court.

N.J.S.Rajkumar alias narasimha (Expert)
27 June 2020

In many States such Reports are available Online . Discuss with your Advocate

Dr J C Vashista (Expert)
28 June 2020

Postmortem report is an essential document and part of prosecution, which is to be filed in the Trial Court by Investigating officer with charge-sheet, providing a copy thereof to the accused (free of cost).

Dr J C Vashista (Expert)
28 June 2020

Police can not provide copy of postmortem report to familyr of the victim, which can be sought from hospital mortuary and/or Trial Court through an appication u/s 6 of the Right to Information Act, 2005

N.J.S.Rajkumar alias narasimha (Expert)
28 June 2020

"Police can not provide the copy of postmortem reports " Stated by J.C.Vashista . Why Not is the Question. Whether J.C.Vashista who had said in his profile that he had completed his Law Degree while in service that too in Army and yet to clarify it after several reminders atleast Now this statement made by him would he Legally Justify and Clarify please. Many Police Stations they had handed over the Copy of Post Mortem report to the relatives of the Victim on Request. It is my Practical Experience.

Rajendra K Goyal (Expert)
28 June 2020

Generally / mostly police does not provide copy in the name of confidentiality of the report pending investigation till filed with the court.

N.J.S.Rajkumar alias narasimha (Expert)
28 June 2020

Post mortem Report is Not an Confidential Report and it is made available online in many States.. Refer the Orders of Punjab and Haryana Court in the Case of Pal singh VS The State of Punjab on 22/05/1995 -- Stated. " But Post mortem report proves nothing it is not even Evidence and can be used only by the Witness who conducted the postmortem inquiry as an aid to memory . Postmortem report can not be tendered as Evidence by resorting to the provision of Section 294 of the Code " --- -- So in many cases the Police also helps out in providing the Copy of the Report when requested or pleaded


Querist : Anonymous (Querist)
29 June 2020

In my case police told us that although we are victim's family, they can not give it as matter is under investigation.We only can get through court. But municipal corporation is insisting for postmortem report for issuing death certificate. Kindly suggest what to do

N.J.S.Rajkumar alias narasimha (Expert)
29 June 2020

Discuss with your Advocate and the matter would be sorted out.

Rajendra K Goyal (Expert)
29 June 2020

Try to get a copy from Hospital which conducted postmortem. Search if the copy is available online.
If both avenue do not work, wait till it is submitted in the court.

K Rajasekharan (Expert)
29 June 2020

The reason why you don’t get a copy of the post mortem report from the police station might be that the report might have been included in the Case Diary of the investigation. The Case Diary is a privileged file not amenable to right to information till the police report under Section 173 CrPC is filed to the court.

But this limitation is not there in getting a copy of the post mortem report from the hospital, under the right to service act or right to information act. Post mortem report is not a classified document.


M.Sheik Mohammed Ali (Expert)
07 July 2020

The Victim's family get copy from Court on the filing of Certified Copy



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