Forensic Medicine · Medico-Legal Autopsy and Postmortem Changes (Thanatology)

Under Indian law, exhumation for medico-legal purposes is ordered under which provision?

  • A Section 174 CrPC, by the police officer in charge
  • B Section 176 CrPC, by order of the Executive Magistrate or District Magistrate
  • C Section 45 IPC, on application of relatives
  • D Section 297 CrPC, by the investigating officer alone
Correct answer: B. Section 176 CrPC, by order of the Executive Magistrate or District Magistrate

Explanation

In India, exhumation is conducted under Section 176 of the Code of Criminal Procedure, on the order of an Executive Magistrate or District Magistrate, who should be present during the procedure along with a medical officer. There is no statutory time limit for exhumation in India; it may be done years after burial if decomposition permits identification of findings. Section 174 relates to police inquest of the body at the scene, not exhumation.

Reference: Parikh's Textbook of Medical Jurisprudence, Forensic Medicine and Toxicology, 7th ed.

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