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CORONERS ACT, 1871
4 of 1871
[27th January, 1871]
We, the undersigned, the Members of the Select Committee of the Council of Governor- General of India for the purpose of making Laws and Regulations, to which the Bill to consolidate laws relating to Coroners has been referred, have the honour to present this preliminary report. The Bill, as introduced, was intended merely to consolidate the existing law contained in two statutes and three Acts, and it provided, in the words of 33 Geo. III, Cap. 52, S. 157 that the Coroners should exercise the like jurisdiction as by law might be exercised by Coroners elected for counties in England. We have struck out this provision, which would have necessitated constant reference to English statutes and text-books, and we have in lieu thereof codified such part of the English law of Coroners as seemed adapted to the Presidency towns. The amended bill accordingly declares the Coroner's jurisdiciton to enquire into deaths by accident, homicide or suicide, sudden deaths by means unknown, and deaths of prisoners in prison. It enables him to order a body to be disinterred, it provides for summoning juries, swearing the jurors, viewing the body, summoning witnesses, and post-mortem examinations. It declares that the evidence shall be taken on oath, that witnesses unacquainted with English shall be examined through an interpreter, that questions suggested by the jury shall be put, and that the Coroner shall take down the material parts of the evidence. Power is given to adjourn the inquest. When the witnesses have been examined, the Coroner will sum up, and the jury will consider of their verdict. When the verdict is delivered, the Coroner will draw up an inquisition setting forth the matters specified in S. 24, and in the form given in the second Schedule. When the verdict amounts to murder, culpable homicide, or killing by a rash or negligent act (the last mentioned offence is about to be added to the Penal Code) the Coroner will bind by recognizance any person acquainted with the facts to appear at the next sessions, and prosecute or give evidence. The Coroner will also certify the recognizances and deliver them with the inquisition and evidence to the Court in which the trial is to be. He may also issue his warrant for the apprehension of the accused. The amended Bill expressly abolishes the Coroner's jurisdiction as to treasure-trove and wreacks, and declares that he shall not be liable to execute process. The Coroner of Calcutta will, under the amended Bill, be appointed by the Lieutenant Governor of Bengal and not by the Governor-General in Council. As to Coroner's juries, we have provided (S. 31) that when an inquest is held on the body of a prisoner, no officer of the prison and no prisoner confined therein shall be ajuror. There is a similar provision in the Schedule to theEnglish Prisons Act (28 and 29 Vic., c. 126) , clause 48. As to a Coroner's rights, we have added three clauses, one providing for repaying his disbursements for fees to medical witnesses, hire of rooms for the jury, and the like; another exempting him from serving on juries, and a third privileging him from arrest while engaged in the discharge of his official duty. We have omitted the clause corresponding with Act 12 of 1867, S. 12, as this will more fitly be placed on the Prisoners Bill now before the Council. We have omitted, as unnecesary, the elaborate specification of the informalities in case of which the inquisition may be amended by a Judge of the High Court. For variances between the statements in the inquisition andthe Evidence Act 18 of 1862 (Ss. 1 and 57)appears to provide sufficiently.............." -Gazette of Ind., 1870, Pt. V, p. 351.
An Act to consolidate and amend the laws relating to Coroners. Preamble. - Whereas it is expedient to consolidata and amend the laws relating to Coroners in the Presidency-towns; It is hereby enacted as follows :-
CHAPTER 01: PRELIMINARY
SECTION 01: SHORT TITLE
- This Act may be called The Coroners Act, 1871.2[ * * * * * * ]
SECTION 02: REPEAL OF ENACTMENTS
- [Repealed by the Repealing Act, 1873 (12 of 1873).]
CHAPTER 02: APPOINTMENT OF CORONERS
SECTION 03: CORONERS OF CALCUTTA AND BOMBAY
- Within the local limits of the ordinary original civil jurisdiction of each of the High Courts of Judicature at Fort William and Bombay there shall be a Coroner. Such Coroners shall be called respectively the Coroner of Calcutta and the Coroner of Bombay.]
SECTION 04: THEIR APPOINTMENT, SUSPENSION AND REMOVAL
- Every such officer shall be appointed and may be suspended or removed by the4[State Government]5[* * *]
SECTION 05: CORONERS TO BE PUBLIC SERVANTS
- Every Coroner shall be deemed a public servant within the meaning of the Indian Penal Code-
SECTION 06: POWER TO HOLD OTHER OFFICES
- Any Coroner may hold simultaneously any other office under Government.
SECTION 07: OATH TO BE TAKEN BY CORONER
- [Repealed by the Indian Oaths Act, 1873 (10 of, 1873).]
CHAPTER 03: DUTIES AND POWERS OF CORONERS
SECTION 08: JURISDICTION TO INQUIRE INTO DEATHS
- When a Coroner6[has reason to believe] that the death of any person has been caused by accident, homicide, suicide, or suddently by means unknown, or that any person being a prisoner has died in prison, and that the body is lying within the place for which the Coroner is so appointed, the Coroner shall inquire into the cause of death. Every such inquiry shall be deemed ajudicial proceeding within the meaning ofsection 193 of the Indian Penal Code.-
SECTION 09: CORONER TO BE SENT FOR WHEN PRISONER DIES
- Whenever a prisoner dies in a prison situate within the place for which a Coroner is so appointed, the Superintendent of the prison shall send for the Coroner before the body is8[disposed of]. Any Superintendent failing herein shall on conviction before a Magistrate be punished with fine not exceeding five hundred rupees. Nothing in the former part of this section applies to cases in which the death has been caused by cholera or other epidemic disease.
SECTION 10: POWER TO HOLD INQUESTS ON BOIDES WITHIN LOCAL LIMITS WHEREVER CAUSE OF DEATH OCCURRED
- Whenever an inquest ought to be holden on any body lying dead within the local limits of the jurisdiction of any Coroner, he shall hold such inquest, whether or not the cause of death arose within his jurisdiction.
SECTION 11: POWER TO ORDER BODY TO BE DISINTERRED
- A Coroner may order a body to be disinterred within a reasonable time after the death of the deceased person either for the purpose of taking an original inquisition where none has been taken, or a further inquisition13[where the Coroner considers it necessary or desirable in the interests of justice to take a further inquisition].State Amendments
SECTION 12: SUMMONING JURY
- On receiving notice of any death mentioned in Section 8-, the Coroner shall summon five, seven, nine, eleven, thirteen or fifteen respectable persons to appear before him at a time and place to be specified in the summons, for the purpose of inquiring when, how and by what means the deceased came by his death. Inquest may be on Sunday. Any inquest under this Act may be held on a Sunday.
SECTION 13: OPENING COURT
- When the time arrives, the Coroner shall proceed to the place so specified, open the Court by proclamation, and call over the names of the jurors.
SECTION 14: JURORS TO BE SWORN
- When a sufficient jury is in attendance, he shall administer an oath to each juror to give a true verdict according to the evidence, and shall then proceed with the jury to view the body.
State Amendments
Maharashtra:: For Section 14, substitute the following:- 14. Opening Court, Jurors to be sworn.- ( 1 ) On the day and at the hour fixed for the inquest the Coroner shall proceed to open his Court by proclamation and shall call over the names of the jurors on whom summonses under Section 13 have been duly served. If not less than five jurors are in attendance, the Coroner shall administer an oath to each juror to give a verdict according to the evidence. (2) If the number of jurors in attendance is less than five, or, if in the course in an inquest at any time before the return of the verdict ajuror is absent and it is not practicable to enforce his immediate attendance, the Coroner may appoint such number of persons as may be necessary to serve as jurors in the inquest." - Bom. Act 13 of 1930, Section 2.Section 14-A Maharashtra: After Section 14 insert the following:- "14-A. Inquest may be on Sunday or public holiday.- An inquest under this Act or its adjourned hearing under Section 21 may be held on a Sunday or a public holiday." - Inserted by Bom. Act 13 of 1930, S. 2.
SECTION 15: VIEW OF BODY
The Coroner and the jury shall view and examine the body at the first sitting of the inquest, and the Coroner shall make such observations to the jury as the appearance of the body requires :14[Provided that the Coroner may, with the concurrence of a majority of the jury, dispense with aview of the body, if he is satisfied, from medical evidence or medical certificates, that no advantage would result from such viewing.]
State Amendments
Maharasthra: For Section 15 substitute the following:- "15. View of body.- At or before the first sitting of an inquest on abody, the Coroner shall view the body and if before the body has been disposed of, a majority of the jurors so desire/it shall be viewed by the jurors also: Provided that when a preliminary inquiry on the body has been held under Section 8, or if from the medical evidence or from a medical certificate, the Coroner is satisfied that no advantage will result from such viewing, the Coroner may dispense with a view of the body at the inquest. - Substituted by Bom. Act 13 of 1930, S. 2.
SECTION 16: PROCLAMATION FOR WITNESSES
- The Coroner shall then make proclamation for the attendance of witnesses, or, where the inquiry is conducted in secret, shall call in separately such as know anything concerning the death.
State Amendments
Maharashtra: For Section 16, substitute the following:- "16. Proclamation for witnessses.- The Coroner shall then make proclamation for the attendance of witnesses; or, where the inquiry is conducted in secret, shall call in separately such as know anything concerning the death". -Bom. Act 13 of 1930, Section 2 - Substituted by Bom. Act 13 of 1930, S. 2.
SECTION 17: SUMMONING WITNESSES
-15[It shall be the duty of all persons acquainted with the circumstances attending the death to appear before the inquest as witnesses; the Coroner shall inquire of such circumstances and the cause of death, and, .if before or during the inquiry he is informed that any person, whether within or without the local limits of his jurisdiction, can give evidence or produce any document material thereto, may issue a summons requiring him to attend and give evidence or produce such document on the inquest. Any person disobeying such summons shall be deemed to have committed an offence under Section 174- ,Section 175-orSection 176 of the Indian Penal Code-, as the case may be.] For the purpose of causing prisoners to be brought up to give evidence, the Coroner shall be deemed a Criminal Court within the meaning of16[Part IX of the Prisoners Act, 1900].
State Amendments
Maharashtra: For Section 17 substitute the following:- "17. Summoning witnesses.- (1) It shall be the duty of all persons acquainted with the circumstances attending the death to appear before the inquest as witnesses. The Coroner shall inquire of such circumstances and the cause of death, and if before or during the inquiry he is informed that any person, whether within or without the local limits of his jurisdiction, can give evidence or produce any document material thereto, may issue a summons requiring him to attend and give evidence or produce such document on the inquest. (2) When any person so summoned fails to appear and the summons has been proved to be duly served on him in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure, the Coroner may, after recording his reasons in writing, issue a warrant for his arrest. Such warrant shah be executed as if it were issued under Section 90 of the Code of Criminal Procedure, 1898. (3) Any person disobeying a summons issued under sub-section (1) shall be deemed to have committed an offence under Section 174, Section 175 or Section 176 of the Indian Penal Code, as the case may be. (4) For the purpose of causing prisoners to be brought up to give evidence, the Coroner shall be deemed a Criminal Court within the meaning of Part IX of the Prisoners Act, 1900."-Bom. Act 13 of 1930, Section 2.
SECTION 18: POST MORTEM EXAMINATIONS
- The Coroner may direct the performance of a post- mortem examination with or without an analysis of the contents of the stomach or intestines by any medical witness summoned to attend the inquest; Fees to medical witnesses. and every medical witness, other than the Chemical Examiner to Government, shall be entitled to such reasonable remuneration as the Coroner thinks fit.
State Amendments
Maharashtra: For Section 18, substitute the following: 18. Post-mortem examinations, Fees to medical witnesses.- (1) If before proceeding to view a body under Section 8 or at the view or at any stage of an inquest by jury, it appears to the Coroner that a post-mortem examination of the body is necessary to ascertain the cause of death, he may direct such examination to be held by his Surgeon or by a duly qualified Registered Medical Practitioner invited to attend as a witness. The Coroner may also direct an analysis of any of the organs or parts of the body or of their contents. Every Medical witness other than the Chemical Examiner to Government and the Coroner's surgeon shall be entitled to such reasonable remuneration as the Coroner thinks fit. For the purpose of such post-mortem examination the Coroner may order the removal of the body to any place within his jurisdiction which may be provided for that purpose. (2) Report of Chemical Examiner.- Any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to Government upon any matter or thing duly submitted to him for examination, or analysis and report in the course of any proceeding under this Act, may be used as evidence in any inquest under this Act and in any subsequent inquiry, trial or other proceeding under the Code of Criminal Procedure, 1898-Bom.Actl3ofl930,S.2.17[18A. Report of Chemical Examiner.- Any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to Government upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Act, may be used as evidence in any inquest under this Act and in any subsequent inquiry, trial or other proceeding under the Code of Criminal Procedure, 1898.]Maharashtra: After S. 18, insert the following: 18A. Notwithstanding anything contained in this Act, the Coroner may, at any stage of the proceedings under this Act for the purposes of preservation or safe custody, order the removal of the body to any place within his jurisdiction which may have been provided for that purpose - Coroners (Bombay Amendment) Act, 1954 (Bom. Act 69 of 1954), S. 4 (15-11-1954).
SECTION 19: EVIDENCE TO BE ON OATH. EVIDENCE ON BEHALF OF ACCUSED
- All evidence given under this Act shall be on oath, and the Coroner shall be bound to receive evidence on behalf of the party (if any) accused of causing the death of the deceased person. Interpreter. Witnesses unacquainted with the English language shall be examined through the medium of an interpreter, who shall be sworn to interpret truly as well the oath as the questions put to, and the answers given by, the witnesses. Questions suggested by jury. After each witness has been examined, the Coroner shall inquire whether the jury wish any further questions to be put to the witness, and, if the jury wish that any such questions should be put, the Coroner shall put them accordingly.
State Amendments
Maharashtra: For Section 19, substitute the following: 19. Evidence to be on oath.- (1) All evidence given under this Act, shall except in the case provided in sub-section (2), be on oath and the Coroner shall be bound to receive the evidence on behalf of the person who is alleged to have caused or to be concerned in causing the death of the deceased person. (2) Evidence on behalf of accused.- If such person himself wishes to make a statement it shall be the duty of the Coroner to warn him that he is not bound to make any statement; but if such person persists, the Coroner shall, without administering him any oath, record his statement in full after duly warning him that any incriminating statement which he may make may be used in evidence in any subsequent inquiry, trial or other proceeding under the Code of Criminal Procedure, 1898. (3) For the purpose of Section 26 of the Indian Evidence Act, 1872, a Coroner shall be deemed to be a Magistrate. (4) Interpreter.- Witnesses unacquainted with the English language shall be examined through the medium of an interpreter, who shall be sworn to interpret truly as well the oath as the question put to, and the answer given by each witness. (5) After each witness has been examined, the Coroner shall enquire whether the jury wish any further questions to be put to the witness, and if the jury wish that any such questions shall be put the Coroner shall put them accordingly - Bom. Act 13 of 1930, S. 2.
SECTION 20: CORONER TO TAKE DOWN EVIDENCE IN WRITING
- The Coroner shall commit to writing the material parts of the evidence given to the jury, and shall read or cause to be read over such parts to the witness and then procure his signature thereto. Witnesses to sign depositions. Any witnesses refusing so to sign shall be deemed to have committed an offence under Section 180 of the Indian Penal Code.-Coroner to subscribe depositions. Every such deposition shall be subscribed by the Coroner. Coroner a Magistrate.18[For the purposes of Section 26 of the Indian Evidence Act, 1872-, a Coroner shall be deemed to be a Magistrate.]
State Amendments
Maharashtra: For Section 20, substitute the following: 20. Mode of recording evidence.- (1) The evidence given to the jury shall be recorded in the manner prescribed in Section 356 of the Code of Criminal Procedure, 1898. (2) For the purpose of this section the Coroner shall be deemed to be a Magistrate. Bom. Act 13 of 1930, Section 2.
SECTION 21: ADJOURNMENT OF INQUEST
- The Coroner may adjourn the inquest from time to time, and from place to place. Juror's recognizances. Whenever the inqeust is adjourned the Coroner shall take the recognizances of the jurors to attend at the time and place appointed, and notify to the witnesses when and where the inquest will be proceeded with. The amount of such recognizances shall in each case be fixed by the Coroner19[and the whole, or such part thereof as to the Coroner seems fit, shall, in default of attendance by the jurors, be recoverable in the same manner as a fine imposed under Section 31].
State Amendments
Section 21-A Maharashtra: After Section 21 insert Section 21A, namely: - 21A. Inquest to be adjourned if criminal proceedings have been instituted before a Magistrate.- (1) If on an inquest touching a death, the Coroner is informed, before the jury have given their verdict that criminal proceedings have been instituted against some person before a Magistrate in respect of an offence touching the death of the deceased, he may adjourn the inquest until after the conclusion of the criminal proceedings and may, if he thinks fit, discharge the jury. (2) After the conclusion of the criminal proceedings which it shall be the duty of the police to communicate to the Coroner, the Coroner may, subject as hereinafter provided if he thinks fit, resume the adjourned inquest: Provided that at such resumed inquest no inquisition shall be held against any person in respect of any offence with which he was charged or of which he could have been convicted in the proceedings referred to in sub-section (1), and no finding shall be recorded which is inconsistent with the determination of any matter by the result of those proceedings. (3) Where the Coroner resumes an inquest which has been adjourned and the jury has been discharged, he shall proceed in all respects as if the inquest had not previously been begun and the provisions of this Act shall apply accordingly as if the resumed inquest were a fresh inquest, except that it shall not be obligatory on the Coroner to view the body. (4) If, having regard to the result of the criminal proceedings, the Coroner decides not to resume the inquest, he shall furnish the Commissioner of Police with a certificate slating the result of the criminal proceedings and any particulars necessary for the registration of the death which may have been ascertained. (5) For the purposes of this section, the expression "the criminal proceedings" means the proceedings before a Magistrate and before any Court to which the accused person is committed for trial or before which an appeal from the conviction of that person is heard, and criminal proceedings shall not be deemed to be concluded until no further appeal can be made in the course thereof. - Bombay Act XIII of 1930, S. 3.
SECTION 22: CORONER TO SUM UP TO JURY
- When all the witnesses have been examined, the Coroner shall sum up the evidence to the jury, and the jury shall then consider of their verdict.
SECTION 23: CORONER TO DRAW UP INQUISITION
- When the verdict is delivered the Coroner shall draw up the inquisition according to the finding of the jury, or, when the jury is not unanimous, according to the opinion of the majority.
SECTION 24: CONTENTS OF INQUISITION
- Every inquisition under this Act shall be signed by the Coroner with his name and style of office and by the jurors, and shall set forth-
(1) where, when and before whom the inquisition is holden.
(2) who the deceased is,
(3) where his body lies,
(4) the names of the jurors, and that they present the inquisition upon oath,
(5) where, when and by what means the deceased came by his death, and
(6) if his death was occasioned by the criminal act of another, who is guilty thereof.
If the name of the deceased be unknown, he may be described as a certain person to the jurors unknown. Every such inquisition shall be in the form set forth in the Second Schedule hereto annexed, with such variation as the circumstances of each case require.
SECTION 25: PROCEDURE WHERE DEATH IS FOUND DUE TO AN ACT AMOUNTING TO AN OFFENCE
- When the jury or a majority of the jury find that the death of the deceased person was occasioned by an act which amounts to an offence under any law in force in21[India] the Coroner shall immediately after the inquest forward a copy of the inquisition, together with the names and addresses of the witnesses, to the Commissioner of Police.]
SECTION 26: POWER TO ARREST AND COMMIT FOR TRIAL
- The Coroner may also, where the verdict justifies him in so doing, issue his warrant for the apprehension of the person who is found to have caused the death of the deceased person, and send him forthwith to a Magistrate empowered to commit him for trial.]
SECTION 27: POWER TO ACCEPT BAIL
- [Repealed by the Coroners (Amendment) Act, 1908 (4 of 1908), S. 10.]
SECTION 28: WARRANT FOR BURIAL
- When the proceedings are closed, or before, if it be necessary to adjourn the inquest, the Coroner shall give his warrant for the23[disposal] of the body on which the inquest has been taken.
SECTION 29: INQUISITIONS NOT TO BE QUASHED FOR WANT OF FORM
No inquisition found upon or by any inquest shall be quashed for any technical defect Amendment of inquisition. In any case of technical defect, a Judge of the High Court may, if he thinks fit, order the inquisition to be amended, and the same shall forthwith be amended accordingly.
SECTION 30: CESSATION OF JURISDICTION AS TO TREASURE -TROVE, WRECKS, ETC
It shall no longer be the duty of the Coroner to inquire whether any person dying by his own act was or was not felo de se, to inquire of treasure-trove or wrecks, to seize any fugitives goods, to execute process or to exercise as Coroner any jurisdiction not expressly conferred by this Act. Felo de se. A felo de se shall not forfeit his goods. Deodands. Deodands are hereby abolished. Meaning of certain words in S. 30 are given, with requisite, reference as under- Felo de se (a felon with respect to himself) means one who feloniously commits suicide. In England escheat or forfeiture for felony was abolished by the Forfeiture Act, 1870 (33 and 34 Vict., c. 23). A Coroner's inquest must be held in every case of suicide, and in the absence of evidence of unsoundness of mind a verdict of felo de se may be directed and returned - See Wharton's Law Lexicon; Earl Jowitt's Dictionary of English Law, 1959 Ed., page 792. Money or coin, gold, silver, plate, or bullion, found hidden in the earth or other private place, the owner thereof being unknown or unfound, in which case it belongs to the Crown. In England the Coroner has jurisdiction to hold an inquest under the Coroner's Act, 1887 (50 and 51 Vict., c. 71) Section 36, as to treasure-trove; but his function is confined to ascertaining whether any given thing is or is not within the definition, and he cannot inquire as to who is entitled to it - See Earl Jowitt's Dictionary of English Law, 1959 Ed., page 1777. Deodands - A personal chattel which had been the immediate occasion of the death of any reasonable creature; it was forfeited to the Crown to be applied to pious uses and distributed in alms by the high almoner. Deodands were abolished in England by the Deodands Act, 1862 (9 and 10 Vict., c. 62) - See Earl Jowitt's Dictionary of English Law, 1959 Ed., page 612.] [Ed.]
CHAPTER 04: CORONER'S JURIES
SECTION 31: FINE ON JUROR NEGLECTING TO ATTEND
- Whenever any person has been duly summoned to appear as a juror by a Coroner, and fails or neglects to attend at the time and place specified in the summons, the Coroner may cause him to be openly called in his Court three times to appear and serve as a juror; and upon the non-appearance of such person, and proof that such summons has been served upon him or left at his usual place of abode, may impose such fine upon the defaulter, not exceeding fifty rupees, as to the Coroner seems fit.
State Amendments
Maharashtra: For Section 31 substituted the following, namely-
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