Frequently Asked Questions
What is an inquest?
The inquest is a fact-finding inquiry about a death. It is not held to accuse anyone for a death. There is no prosecution or defense. The main objectives of an inquest are to establish the identity of the deceased person and establish the cause, manner and circumstances of the death. The findings of the inquest may be used for further judicial investigation.
WHEN DOES AN INQUEST NECESSARY ?
It is the medico-legal duty of the attending doctor to issue the “medical certificate of cause of death” if known, when a patient he is treating dies of a natural cause. If the doctor is unable to give the cause of death, an inquest is required.
Subsection 370 of the CCP of Sri Lanka states that every inquirer on receiving information about a person who
(a) has committed suicide;
(b) has been killed by an animal or by machinery or by an accident;
(c) has died suddenly or from a cause which is not known, shall immediately proceed to the place where the body of such person is and shall make an inquiry and draw up a report.
(D) The subsection 371 states that death of anybody while in the custody of police, in prison or in a mental or leprosy hospital should be reported to the magistrate for an inquiry.
Who conducts an inquest?
In the legal system of Sri Lanka, an inquest is conducted either by an Inquirer into Sudden Deaths (ISD) or by a Magistrate. The ISD is appointed by the Ministry of Justice. He should be a resident in the area to which he is appointed. The ISD has powers to summon any witness to give evidence and produce any documents relevant to the inquiry of the death. If somebody fails to do so, the ISD may issue a warrant for the apprehension and produce this of such a person before him. The ISD has powers to fine or to order imprisonment of a person who fails to appear before him when summoned.
Magistrate conducts inquests on all homicides and suspicious deaths. According to the subsection 371 of CCP of Sri Lanka, the magistrate should inquire into deaths of prisoners, anybody who dies while in police custody or in a mental hospital and leprosy hospital.
Who should be present at the inquest?
An officer from the police station in the area where the deceased was living or where the incident which resulted the death took place should be present at the inquiry. The police officer’s duty is to present the witnesses and lead the evidence before the ISD/Magistrate. The inquirer need not totally depend on the witnesses produced by the police officer. There should be two close relatives of the deceased to identify the body. The inquirer has the authority to summon any other witnesses to an inquest if he thinks that such a person can provide information regarding the incident or the death. Doctors who treated the deceased can be asked to be present at the inquest to give evidence and produce hospital documents relating to the treatment
The procedure to be followed by medical officers in an inquest in the hospital ?
If a death occurs under any of the categories of the above list, the medical officer must request the law enforcement authority to arrange an inquest. It is mandatory to obtain the authority for the inquest from the head of the institution. All entries should be documented in the Bed Head Ticket (BHT). A death that has occurred within 24 hours of admission to a ward need not be an indication to ask for an inquest. The cause of death may be ascertained and if it is determined to be a natural one, the body can be released without an inquest. An inquest must be requested on all deaths certified at the Out Patient Department (OPD). When an inquest has been requested, the medical officer should not fill the declaration of death form. This form should be filled only when the cause of death is ascertained and it is found to be due to a natural cause. Even though an inquest has been requested, the medical officer certifying the death can indicate the probable cause of death if the death is due to a natural cause. Probable cause of death should not be given in homicides, road traffic accidents or in suspicious deaths. Under the Subsection (5) of section 370 of CCP of Sri Lanka the ISD / Magistrates are empowered to summon any person for the inquest. Medical officer must comply with such summon and failing to do so would amount to contempt of court.
The procedure to be followed by next of kin at home ?
If the deceased being treated by a general for a significant illness the treating physician can give a cause of death in a natural death. For medical death certification go to the general practitioner to conform the death and to get the medical death certificate.
In an unnatural death inquest has to be preceded.
For the inquest inform the nearest police station to initiate an inquest. The police officers will inform the inquirer in to the death
Does all the inquest end up in autopsy?
No
What is the outcome of an inquest?
The inquirer has the authority to decide what action should be taken once the proceeding of an inquest is over. If the inquirer is satisfied about the evidence presented before him about the death and the cause of death, he has the discretion to release the body to the relatives after issuing the death certification form. If the presented evidence is not adequate to ascertain the cause of death, the inquirer is empowered to call upon a government medical officer to conduct a postmortem examination and to report to him about the cause of death (section 373 of the CCP of Sri Lanka).Once the postmortem examination report is available, the inquirer can release the body to the relatives of the deceased. The inquirer has to decide the manner of death as well. If the manner of death is suspicious, the Magistrate should be informed. Upon completion of every inquest, the inquirer should forward a report to the Magistrate.