Police suspect that a buried body was poisoned. For lawful exhumation in India, the correct procedural requirement is:
- A Authorisation by an Executive Magistrate under Section 176(3) CrPC, with the exhumation preferably carried out in the early morning ✓
- B Order of the District Superintendent of Police under Section 174 CrPC
- C Permission of the Chief Medical Officer alone, documented in the hospital register
- D Consent of the nearest relatives of the deceased, recorded in writing
Correct answer: A. Authorisation by an Executive Magistrate under Section 176(3) CrPC, with the exhumation preferably carried out in the early morning
Explanation
Under Section 176(3) of the Code of Criminal Procedure, an Executive Magistrate may direct exhumation for the purpose of examination, and he must himself be present at the procedure. The exhumation is preferably done in the early morning, the grave and body are identified by witnesses, and the autopsy is then performed by a forensic pathologist. Neither the police nor the health authority has independent power to exhume, and family consent is irrelevant when the law authorises the procedure for investigation of an offence.
Reference: Parikh's Textbook of Medical Jurisprudence, Forensic Medicine and Toxicology, 7th ed.
High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP
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