In India, autopsies (also known as postmortem examinations) are a crucial part of the investigative process in cases of unnatural, suspicious, or criminal deaths, particularly in murder cases. They are performed by forensic experts to ascertain the cause, manner, and timing of death, which can serve as key evidence in criminal trials. Below is an overview of how autopsies are conducted in murder cases under Indian law, along with the legal framework surrounding them.

Legal Framework Governing Autopsies in India

1. Code of Criminal Procedure (CrPC), 1973:
   • Section 174 of the CrPC mandates an investigation into cases of unnatural or suspicious deaths. It empowers police officers to request a postmortem examination if there is reason to suspect foul play or criminal activity.
   • Section 176 specifies the circumstances under which a magistrate may order an inquest and direct a postmortem. This is particularly relevant in custodial deaths or cases where the deceased's relatives or the public may have suspicions of police involvement.
      
2. Indian Penal Code (IPC), 1860:
   • The IPC outlines various types of criminal offenses, including murder, culpable homicide, and other forms of assault that might lead to death. The findings of an autopsy can help investigators determine whether a crime falls under murder (Section 302 IPC) or another offense.
      
   The Bharatiya Nyaya Sanhita (BNS) of 2023, which replaces the Indian Penal Code (IPC), introduces several key changes to murder laws under Section 103. According to this section, the punishment for murder remains severe, with options for the death penalty or life imprisonment, plus fines. A significant new provision addresses mob violence: if five or more people commit murder with discriminatory motives—based on race, religion, caste, or other similar grounds—each participant may face the death penalty or life imprisonment, reinforcing the strict stance against mob lynching and group-targeted violence. These updates reflect a broader reform within the BNS to address specific forms of organized crime, terrorism, and other social issues. This new legal framework aims to streamline the criminal justice process, creating stricter consequences for crimes affecting public order and community safety.
    
   • Under the Indian Evidence Act, an autopsy report prepared by a qualified medical practitioner is admissible in court as documentary evidence. Medical experts are often called to testify on their findings to help interpret the autopsy report.

Autopsy Procedure in Murder Cases

Authorization and Consent:

• In murder cases, a police inquest must be conducted before an autopsy. Once foul play is suspected, a police officer, generally of the rank of Sub-Inspector or above, authorizes a postmortem.
• In special cases, a magistrate may order the autopsy, especially in cases involving custodial or suspicious deaths.

Conducting the Autopsy:

• The autopsy is carried out by a government forensic medical practitioner, typically in a government hospital.
• The process involves a detailed external and internal examination of the body to identify injuries, wounds, and other physical indicators that may suggest the cause of death.
• Photographs and documentation are maintained throughout the examination to preserve evidence.

Determining Cause and Manner of Death:

• The forensic pathologist assesses injuries to determine if they are consistent with homicide, accident, or other manners of death.
• Factors like the type of injuries (e.g., stab wounds, bullet wounds), signs of poisoning, and time of death are examined in detail.

Preparation of Autopsy Report:

• The autopsy report must be prepared promptly and submitted to the police and the investigating magistrate. It includes observations, cause of death, and any other findings that may be relevant to the investigation.
• The report serves as official documentation and is crucial in determining whether the death was homicidal, suicidal, or accidental.
   

Expert Testimony in Court:

• In cases where an autopsy report is challenged or additional clarity is needed, the medical examiner may be called as an expert witness to explain the findings and interpretations to the court.
   

Importance of Autopsy Findings in Murder Trials

The autopsy findings often play a pivotal role in Indian courts, helping to establish critical aspects like:

• The Cause of Death: Whether it was due to blunt force, a sharp weapon, strangulation, poisoning, etc.
• Manner of Death: Establishing whether the death was homicidal, suicidal, accidental, or natural.
• Time of Death: Estimating the time of death can corroborate or contradict alibis and witness testimonies.
• Identification of the Weapon or Instrument Used: Injuries can indicate the type of weapon used, linking evidence found at the crime scene.
   

Challenges and Considerations

• Preservation of Evidence: Proper documentation and handling of evidence are essential to avoid tampering or contamination.
• Legal and Ethical Concerns: Ensuring the deceased's dignity and addressing cultural sensitivities, particularly in cases of exhumation or delayed autopsies.
• Accuracy and Objectivity: Forensic experts must be impartial and rely solely on scientific evidence and findings.

In India, autopsies in murder cases are essential not only for determining the cause and manner of death but also for serving as a robust piece of evidence that can shape the course of the investigation and trial.

Written By: Jasdip Kaur: Registered Research Scholar (Ph.D.) in law at Amity University. She is currently working as a senior legal consultant for a Big 4 MNC and has served as a legal aid counsel at the juvenile justice board appointed by the Delhi Legal Aid Services Authority. She has also worked as a Law Officer for the Women and Child Department of the Government of Delhi (NCT) and served as an ex-panel lawyer for the Government of Delhi (NCT). She completed her schooling at GHPS Vasant Vihar, New Delhi, and graduated with a BA in English (Hons) from Mata Sundri College for Women, University of Delhi (Regular). She obtained her LLM from USLLS, IP University, Delhi Dwarka (Regular).
Email: [email protected]

Also Read:

• Analysis Of Provisions Related To Post-Mortem In Accordance With The Criminal Procedure Code, 1973