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Summary

This presentation provides an overview of the legal process of exhumation. It details the conditions under which exhumation is permitted, the steps taken during the procedure, and the identification process for grave-related activities. It emphasizes important roles of officials involved in exhumation cases.

Full Transcript

EXHUMATION “Out of Ground” Exhumation 2 WHAT IS IT? The digging out of an already buried body legally from the grave. Exhumation must be differentiated clearly from the...

EXHUMATION “Out of Ground” Exhumation 2 WHAT IS IT? The digging out of an already buried body legally from the grave. Exhumation must be differentiated clearly from the retrieval of a body secretly buried by the criminals. Under Section 176 of Criminal Procedure Code (Cr.P.C) Exhumation 3 WHY IS IT DONE? In Criminal Cases In Civil Cases 1. Determination of cause of death o Burial of wrong body by fraud o Homicide o Inheritance Claims o Suspected Homicide disguised as suicide o Workmen’s compensation claim o Suspicious poisoning o Accidental death claim o Death as a result of criminal abortion and o Survivorship claim criminal negligence o Civil negligence 2. Retrieving Evidence e.g Bullet, Poison o Relocating grave Exhumation 4 WHO CAN AUTHORISE? o Body can be exhumed only when there is a written order from the Executive Magistrate. o No time limit for exhumation in India. o However, rare in India, as most bodies are cremated. 5 Exhumation HOW IS IT DONE? 1. Officials to be present 3. Identification of the grave o Magistrate o Done in association with local priest. o Medical Officer o Identifying features are o Police Officer a. Burial plot location 2. Information to the relatives b. Grave marker c. Headstone o Whenever possible, relatives of the deceased o Distance of grave from permanent objects is are informed, and be allowed by Magistrate to noted example fence, tree, gate. be present during exhumation. Exhumation 6 4. Time o Early in the morning o Less onlookers, area to be screened o Exhumation, Post-mortem and reburial all can be done on the same day 5. Removal of earth o To be removed in layers, 15cm at a time. o Opened up to 30cm on all sides of the body. o Note condition of soil, water content and vegetable growth. 6. Measurements o From surface to skull o From surface to feet o Gives inclination of the body Exhumation 7 7. Before recovery of the Body o Clear body surface using soft brush or whisk broom. o Photograph the body in-situ o Drawing of the grave. 8. Recovery of the body o If decomposition is not advanced- Lower a plank or PCV sheet to the level of earth on which body lies, gently lifted and removed from the grave. o If decomposition is advanced- Dig down beside and beneath the body, insert a hardboard plank and remove body. o If skeletonised – after revelry of the body, soil below is sifted in a finely messed screen for smaller objects like teeth, carpels, bullies etc. Exhumation 8 9. Note o Condition of body and burial clothes 10. Identification o Body should now be identified by close relatives and friends 11. In suspected poisoning o Collect samples of earth ( about ½ kg) that is in actually contact with body, from above, below and each side. o Any fluid or debris also collected. o Portion of coffin and burial clothes also collected to rule of contamination from external external sources. Exhumation 9 AUTOPSY o Disinfectant should NOT be sprinkled. o Various artifacts interpreted. - Gravedigger’s tools may produce fracture, Software tools for running abrasion or laceration. product testing - Discolourations due to fungus growth. o Viscera preserved for chemical analysis. o Bones also preserved. Exhumation 10 2ND AUTOPSY o Doctor should obtain all the documents o If possible, first autopsy pathologist be relating to the case- called. - First autopsy report o Video-graph the autopsy - Photographs of scene of death o Findings documented in details, to confirm - Hospital reports or contradict first autopsy. - Police investigation report o Even if no new information is obtained - X rays etc. from second autopsy, it ends suspicion or rumours. Exhumation 11 Exhumation 12 ABRAHAM LINCOLN Lincoln’s body would be jostled around again after thieves unsuccessfully tried to steal the body in 1876 and hold it for ransom. In 1901, he was exhumed and put into a new resting place in a concrete vault in The Lincoln Tomb, so his body could never be disturbed again THANK YOU Dr. Kashish Gupta 2019 Batch Roll No. 82

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