Police suspect murder in a case buried 4 years ago and seek exhumation. Under Indian law, exhumation is carried out on the written order of:
- A The Superintendent of Police of the district
- B The Sessions Judge on a private petition
- C The Chief Judicial Magistrate or Executive Magistrate empowered under Section 176 CrPC ✓
- D The State Forensic Science Laboratory director
Correct answer: C. The Chief Judicial Magistrate or Executive Magistrate empowered under Section 176 CrPC
Explanation
Exhumation in India is done under Section 176 of the Code of Criminal Procedure on the order of a District Magistrate, Sub-Divisional Magistrate or other empowered Executive Magistrate, and must be conducted in the presence of a medical officer and police officer. There is no statutory time limit for exhumation in India, so a 4 year old burial poses no legal bar. Police alone cannot authorise it, and judicial orders come through the magistrate, not directly from a Sessions Judge.
Reference: The Essentials of Forensic Medicine and Toxicology, 35th ed.
High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP
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