CORONERS ACT, 1871

Preamble : THE CORONERS ACT, 1871

THE CORONERS ACT, 1871

[ACT No. 04 of 1871]1

[27th January, 1871]

Repealed in part, by Act 9 of 1871.

" " " " " 10 of 1873.

,, ,, " ,, ,, 12 of 1873.

" " " ,, ,, 18 of 1873.

" " " ,, ,, 16 of 1874.

" " " ,, ,, 12 of 1891.

Repealed in part and amended, by Act 10 of 1881.

" ,, ,, ,, ,, ,, " 4 of 1908.

Amended by Act 5 of 1889.

,, " " 38 of 1920.

,, " Bombay 13 of 1930.

Adapted and modified by the Adoption of Indian Laws Order in Council.

Amended by Bombay 25 of 1942.

" ,, " 6 of 1947.

,, " " 16 of 1948.

Adapted and modified by the Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948.

Adapted and modified by the Adaptation of Laws Order, 1950.

Amended by Bombay 39 of 1953.

" " ,, 69 of 1954.

Adapted and modified by the Adaptation of Laws (No. 2) Order, 1956.

PREAMBLE

An Act to consolidate and amend the Laws relating to Coroners

Whereas it is expedient to consolidate and amend the laws relating to Coroners Preamble in the Presidency-towns; It
is hereby enacted as follows:--

1. For Statem ent of Objects and Reasons, set Gazette of India, 1870, Pt. N. p. 295, for Prelim inary Report of the Select Com m ittee, see
ibid., p. 351 and for Proceedings in Council, see ibid., Supplem ent, pp. 1077, 1195, 1298 and ibid., 1871, pp. 198 and 207.

Section 1 : Short title

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 This Act may be called the Coroners Act, 1871.

1* * * * * * * * *

1. The local ex tent and com m encem ent clauses of this section were repealed, respectively, by section 2 of the Coroners Act, 1881 (10 of
1881), and by the Repealing Act, 1874 (16 of 1874).

Section 2 : Repealed

[Repeal of enactments.] Rep. Act XII of 1873.

Section 3 : Coroners of Calcutta and Bombay

1[ Coroners of Calcutta and Bombay

2[1] 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.]

3[(2) The 4[State] Government may, from time to time, direct that there shall be one or more Additional Coroners
within the local limits of the ordinary original civil jurisdiction of the High Court of Judicature at Bombay. Every such
Additional Coroner shall be competent to exercise and perform all the powers and duties conferred upon or assigned
to the Coroner of Bombay by or under this Act or any other law for the time being in force.]

1. This section was substituted by Act 5 of 1889, Section 2.

2. Section 3 was renum bered as sub-section (1) of that section by section 2 of the Coroners (Bom bay Am endm ent) Act, 1948 (Bom bay 16
of 1948).

3. Sub-section (2) was insered by section 2 of the Coroners (Bom bay Am endm ent) Act, 1948 (Bom -16 of 1948).

4. This word was substituted for the word "Provincial" by the Adaptation of Laws O lder, 1950.

Section 4 : Their appointment, suspension and removal

Every such officer shall be appointed and may be suspended or removed by the 2[1[State] Government]/.

3* * * * * *

1. This word was substituted for the word "Provincial" by the Adaptation of Laws O lder, 1950.

2. The words "Provincial Governm ent" were substituted for the words "Local Governm ent" by the Adaptation of Indian Laws O rder in Council.

3. The words "Every person now holding such office shall be deem ed to have been appointed under the Act" were repeated by the
Repealing and Am ending Act, 1891 (12 of 1891).

Section 4A : Power of Coroner of Bombay to distribute work between himself and additional Coroners

1[ Power of Coroner of Bombay to distribute work between himself and additional Coroners

When one or more Additional Coroners are appointed, the Coroner of Bombay shall make such arrangements as he
thinks fit for distribution of the work of the Coroner under the Act between himself and the Additional Coroners.]

1. Section 4A was inserted by section 3 of the Coroners (Bom bay Am endm ent) Act, 1943 (Bom bay 16 of 1948).

Section 5 : Coronets to be public servarls

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 Every Coroner shall be deemed a public servant within the meaning of the Indian Penal Code(XLV of 1860).

Section 6 : Power lo hold other offices

Any Coroner may hold simultaneously any other office under Government.

Section 7 : Repealed

[Oath to be taken by Coroner.] Rep. Act X of 1873.

Section 8 : Jurisdiction to inquire into death

1 Jurisdiction to inquire into death

(1) When the Coroner is informed that the dead body of a person is lying within his jurisdiction and there is
reasonable cause to suspect that such person has died under any of the circumstances mentioned in section 9 or
has died a sudden death of which the cause is unknown, the Coroner may proceed to hold a preliminary inquiry on
the body, without a jury.

(2) For the purpose of an inquiry under sub-section (1), 2[the Coroner may], as soon as practicable, after receipt of
the information proceed to view and examine the body. Such view and examination shall be held in the presence of
the police officer to whose section the case belongs and, if possible, in the presence of the relations or friends, if
any, of the deceased and the Coroner may reduce to writing such observations as the appearance of the body
requires. When the inquiry is concluded if the Coroner is satisfied as to the cause of death and if a post-mortem
examination is in his opinion not necessary, the Coroner may authorise the body to be disposed of.

1. Sections 8 to 20 were substituted for the original sections 8 to 20 by section 2 of Bom bay 13 of 1930.

2. These words were substituted for the words "the Coroner shall" by Bom bay 69 of 1954. sections 2.

Section 8A : Inquest where body destroyed or irrecoverable

1[Where the Coroner has reason to believe that death has occurred within his jurisdiction in any of the
circumstances mentioned in section 8 or 9 and that owing to the destruction of the body, or disposal thereof in
contravention of any law for the time being in force, or to the fact that the body is lying in a place from which it
cannot be recovered, an inquest cannot be held except by virtue of the pro-visions of this section, he may report
the facts to the State Government and the State Government may, if it considers it desirable so to do, direct an
inquest to be held touching the death. When such direction is given, an inquest shall be held accordingly by the
Coroner and the provisions of this Act shall apply with such modifications as may be necessary in consequence of
the inquest being held otherwise than on or after view of the body.]

1. Section 8A was inserted by Bom bay 69 of 1954, section 3.

Section 9 : Inquest by jury

1(1)If it appears to the Coroner either before or in the course of an inquiry under section 8 that there is reason to
suspect--

(a) that the deceased came by his death by homicide, suicide or infanticide; or

(b) that the death was caused by an accident, or poison or machinery; or

(c) that the death was caused by an occurrence arising out of the use of a vehicle in a street, public road or
in a private place; or

(d) that the death occurred in a prison in which the deceased was a prisoner or that it occurred whilst the

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 deceased was in the custody of the police; or

2(dd) that the death occurred--

(i) in a leper asylum appointed under the Lepers Act, 1898(III of 1898);

(ii) in an asylum or mental hospital established or licenced under the Indian Lunacy Act, 1912(IV of
1912);

(iii) in a Borstal school established under the Bombay Borstal Schools Act, 1929 (Bombay XVIII of
1929);

(iv) in a Receiving Centre or Certified Institution provided and maintained under the Bombay Beggars
Act, 1945(Bombay XXIII of 1945);

(v) in any certified school, Remand Home or fit person institution or approved place, established,
maintained, declared or recognised, as the case may be, under the Bombay Children Act, 1948(Bombay
LXXI of 1948);

in which the deceased was received, detained, committed to, confined or kept, as the case may be, under
the orders of any authority competent to pass such orders under the said Acts; or]

(e) that the death occurred in circumstances the continuance or possible recurrence of which is prejudicial to
the health or safety of the public or any section of the public;

and in any other case, if it appears to the Coroner either before or in the course of the preliminary inquiry
that there is reason for holding an inquest by jury, he shall proceed to hold such inquest, whether or not the
cause of death arose within his jurisdiction:

3[Provided that such inquest shall not be held in the case of death arising out of an offence triable
under the Bombay Public Security Measures Act, 1947(Bombay VI of 1947).]

(2) Such inquest shall ordinarily be held in the Coroner's Court-house.

(3) The Coroner may hold one inquest on the bodies of several persons provided that they all are believed to have
come by their deaths, in or in consequence of one and the same incident.

(4) Every such inquest shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian
Penal Code(XLV of 1860) and for the purpose of any such inquest the Coroner shall have and may exercise all the
powers of a Criminal Court under section 476 and section 480 of the Code of Criminal Procedure, 1898 (V of 1898).

(5) The Coroner may hold an inquest by jury simultaneously with the preliminary inquiry.

1. Sections 8 to 20 were substituted for the original sections 8 to 20 by section 2 of Bom bay 13 of 1930,

2. Clause (dd) was inserted by Bom bay 39 of 1953, Section 2.

3. This proviso was substituted by Section 26 of Bom bay 6 of 1947 for the proviso added by Bom bay 25 of 1942.

Section 10 : Report of death to Coroner

1[(1) When a person dies--

(a) in a prison situate within the local limits of the Coroner's jurisdiction, the Superintendent of the prison,

(b) whilst in the custody of the police, the police officer in charge of the section concerned,

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 (c) in any of the places referred to in clause (dd) of sub-section (1) of section 9, the Superintendent where
there is a Superintendent appointed for such place and elsewhere, the person in charge of the place,

shall report the death to the Coroner and await his orders before the body is disposed of.

(2) Any Superintendent of prison or any such police officer or any Superintendent or person in charge of the place
referred to in clause (dd) of sub-section (1) of section 9, who fails to comply with the requirements in sub-section
(1) shall, on conviction before a Magistrate, be punished with fine which may extend to five hundred rupees.]

1. Section 10 was substituted for the (sic)

Section 11 : Penalty for disposal of body to prevent an inquest

1(1) Any person who, with the intention of preventing the holding of an inquest on a dead body which the Coroner is
bound to hold under section 9, buries, cremates or otherwise disposes of it, and any person who with such intention
abets such burial, cremation or disposal of a dead body shall, on conviction before a Magistrate, be punished with
fine which may extend to live hundred rupees.

(2) Such punishment shall be in addition to the punishment to which such person may be liable for any offence of
which he may be found guilty in respect of the death of the deceased or under section 201 of the Indian Penal
Code(XLV or 1860).

1. Sections 8 to 20 were substituted for original sections 8 to 20 by section 2 of Bom bay 13 of 1930.

Section 12 : Power to order body to be disinterred

1A 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 in question where none has been taken, or a further in question where
further in question is, in the opinion of the Coroner, necessary or desirable in the interests of justice.

1. Sections 8 to 20 were substituted for original sections 8 to 20 by section 2 of Bom bay 13 of 1930.

Section 13 : Summoning jury

1 Inorder to the impaneling of a jury for an inquest under section 9 the Coroner shall summon not less than five nor
more than eleven respectable persons to appear before him at a time and place to be specified in the summons for
the purpose of inquiring where, when and by what means the deceased came by his death.

1. Sections 8 to 20 were substituted for original sections 8 to 20 by section 2 of Bom bay 13 of 1930.

Section 14 : Opening Court. Jurors to be sworn

1(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 duty served. If not less
than five jurors arc in attendance the Coroner shall administer an oath to each juror to give a true verdict according
to the evidence.

(2) If the number of jurors in attendance is less than five, or, if in the course of an inquest at any time before the
return of the verdict a juror 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.

1. Sections 8 to 20 were substituted for original sections 8 to 20 by section 2 of Bom bay 13 of 1930.

Section 14A : Inquest may be on Sunday or public holiday

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 1An inquest under this Act or its adjourned hearing under section 21 may be held on a Sunday or a public holiday.

1. Sections 8 to 20 were substituted for original sections 8 to 20 by section 2 of Bom bay 13 of 1930.

Section 15 : View of bodies

1 Ator before the first sitting of an inquest or a body 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.

1. Sections 8 to 20 were substituted for original sections 8 to 20 by section 2 of Bom bay 13 of 1930.

Section 16 : Proclamation for witnesses

1 TheCoroner shall then make proclamation for the attendance of witnesses, or, where the inquiry is conducted in
secret, shall call in separately such as known anything concerning the death.

1. Sections 8 to 20 were substituted for original sections 8 to 20 by section 2 of Bom bay 13 of 1930.

Section 17 : Summoning witnesses

1(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, where 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 shall be executed as
if it were issued under section 90 of the Code of Criminal Procedure, 1898 (V of 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 (XLV of 1860), 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(III of 1900).

1. Sections 8 to 20 were substituted for original sections 8 to 20 by section 2 of Bom bay 13 of 1930.

Section 18 : Post-mortem examinations, Fees to medical witnesses. Report of Chemical Examiner

1(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 jurisdiction which may he provided for that
purpose.

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 (2) Any documents 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 (V of 1898).

1. Sections 8 to 20 were substituted for original sections 8 to 20 by section 2 of Bom bay 13 of 1930.

Section 18A : Power to order removal of body for preservation or safe custody

1[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.]

1 Section 18A was inserted by Bom bay 69 of 1954, Section 4.

Section 19 : Evidence to be on oath, Evidence on behalf of accused, Interpreter

1(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 deceased person.

(2) 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 alter 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 (V of
1898).

(3) For the purpose of section 26 of Indian Evidence Act, 1872 (I of 1872), a Coroner shall be deemed to be a
Magistrate.

(4) 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.

1. Sections 8 to 20 were substituted for the original sections 8 to 20 by Section 2 of Bom bay 13 of 1930.

Section 20 : Mode of recording evidence

1(1)The evidence given to the jury shall be recorded in the manner prescribed in section 356 of the Code of Criminal
Procedure, 1898 (V of 1898). (2) For the purpose of this section the Coroner shall be deemed to be a Magistrate.

1. Sections 8 to 20 were substituted for the original sections 8 to 20 by Section 2 of Bom bay 13 of 1930.

Section 21 : Adjournment of inquest

The Coroner may adjourn the inquest from time to time, and from place to place.

Jurors' re-congnizances.

Whenever the inquest 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.

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 The amount of such recognizances shall in each case be fixed by the Coroner 1[and the whole, or such part thereof
as to the Coroner seems lit, shall, in default of attendance by the jurors, be recoverable in the same manner as a
fine imposed under section 31.]

1. These words were added by Section 7 of the Coroners (Am endm ent) Act, 1908 (4 of 1908),

Section 21A : Inquest to be adjourned if criminal proceedings have been instituted before a Magistrate

1[(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 stating 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 farther
appeal can be made in the course thereof.]

1. Section 21A was inserted by Section 3 of Bom bay 13 of 1930.

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 hold,

(2) who the deceased is,

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 (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 asset 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

1[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 in 2[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.]

1. Section 25 was substituted by Section 8 of the Coroners (Am endm ent) Act, 1908 (4 of 1908).

2. This word was substituted for the words and letters "a Part A State or a Part C State' by the Adaptation of Laws (No. 2) O rder, 1956.

Section 26 : Power to arrest and commit for trial

1[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.]

1. Section 26 was subsisted by Section 9 of Act 4 on 1908.

Section 27 : Repealed

[Power to accept bail] Rep. Act IV of 1908, Section 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 the 1[disposal] of the body on which the inquest has been taken.

1. This word was substituted for the word "burial" by Section 11, ibid.

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 fugitive's goods, to execute process or to exercise as
Coroner any jurisdiction not expressly conferred by this Act.

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 Felo de se.-- A felo de se shall not forfeit his goods.

Dcodands.-- Dcodands are hereby abolished.

Section 31 : List of Jurors, Fine on juror neglecting to attend

1[(1)The Coroner shall prepare and from time to time revise a list of sufficient number of persons of good character
and adequate education, liable to serve as jurors in his Court.

(2) All male persons between the ages of twenty-one and sixty whose names are not in the common jury list of the
High Court, shall, subject to the exemption mentioned in section 320 of the Code of Criminal Procedure(V of 1898),
1898*, be liable to serve as jurors in the Coroner's Court.

(3) 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:

Provided that the Coroner may, in his discretion, remit any fine so imposed.]

1. Section 31 was substituted by section 4 of Bom bay 13 of 1930.

* See now the Code of Crim inal Procedure, 1973 (2 of 1974).

Section 32 : Certificate as to defaulting juror

The Coroner shall make out and sign a certificate, containing the name and surname, the residence and trade or
calling of every person so making default, together with the amount of the fine so imposed, and the cause of such
fine,

and shall send such certificate to one of the Magistrates of the place of which he is the Coroner,

Service of copy of certificate.

and shall cause a copy of such certificate to be served upon the person so fined by having it left at his usual place
of residence, or by sending the same through the Post Office, addressed as aforesaid and registered,

Section 33 : Levy of fine

Thereupon such Magistrate shall cause the fine to be levied in the same manner as if it had been imposed by himself.
Section 34 : Jurors not to be summoned twice within the year

Unless in case of necessity, no person who has appeared, or has been summoned to appear, as a juror on an
inquest, and has not made default shall within one year after such appearance or summons, be summoned to appear
as a juror under this Act.
Section 35 : Jurors on inquest on prisoner

When an inquest is held on the body of a prisoner dying within a prison, no officer of the prison and no prisoner
confined therein shall be a juror on such inquest.
Section 36 : Coroner's salary

Every Coroner shall be entitled to such salary for the performance of the duty of his office as is prescribed in that
behalf by the 1[Provincial Government].

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 1. The words "Provincial Governm ent" were substituted for the words "Local Governm ent" by the Adaptation of Indian Laws O rder in Council.

Section 37 : Disbursements to he repaid

All disbursements duly made by a Coroner for fees to medical witness, hire of rooms for the jury, and the like, shall
be repaid to him by the 1[Provincial Government].

1. The words "Provincial Governm ent" were substituted for the words "Local Governm ent" by the Adaptation of Indian Laws O rder in Council.

Section 38 : Power to appoint deputy

Every Coroner may from time to time, with the previous sanction of the 1[Provincial Government], appoint, by writing
under his hand, a proper person to act for him as his deputy in the holding of inquests. 2* * * * * *

All inquests taken and other acts done by any such deputy, under or by virtue of any such appointment, shall be
deemed to be the acts of the Coroner appointing him:

Provided that no such deputy shall act for any such Coroner except during the illness of the said Coroner, or
during his absence for any lawful and reasonable cause.

Revocation of appointment.

Every such appointment may at any time be cancelled and revoked by the Coroner by whom it was made.

1. The words "Provincial Governm ent" were substituted for the words "Local Governm ent" by the Adaptation of Indian Laws O rder in Council.

2. The wools "and such deputy shall tak e and subscribe, before one of the Judges of the High Court an oath that he will faithfully discharge

the duties of office" were repealed by the Indian O aths Act, 1873 (18 of 1873).

Section 39 : Exemption from serving on juries

No Coroner or Deputy Coroner shall be liable to serve as a juror,

Section 40 : Privilege from arrest

Coroners and Deputy Coroners shall be privileged from arrest while engaged in the discharge of their official duty.

Section 41 : Penalty for failure to comply with Act

Any Coroner or Deputy Coroner failing to comply with the provisions of this Act, or otherwise misconducting himself in
the execution of his office, shall be liable to such fine as the Chief Justice of the High Court, upon summary
examination and proof of the failure or misconduct, thinks fit to impose.
Section 42 : Limitation of suits

No proceeding for anything done under this Act, or for any failure to comply with its provisions, shall be commenced
or prosecuted 1* * * after tender of sufficient amends.

1. The words "after the ex piration of three m onths from such fact or failure nor" were repealed by the Indian Lim itation Act, 1871 (9 of

1871).

Schedule : FIRST SCHEDULE

FIRST SCHEDULE

[Enactments repealed]

Rep. Act XII of 1873

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Schedule : SECOND SCHEDULE

1 SECOND SCHEDULE

Form of Inquisition

(See section 24)

An inquisition taken at on the day of 19 before E.F., Coroner of (in the case of AB, deceased) upon the oath of GH, IJ, KL
and MN, then and there duly sworn and charged to enquire when, how and by what means the said AB came to his death.

We the said jurors, find unanimously that the death of the said AB was caused, on or about the day of 19, by

1. Cases of a blow on the head with a stick inflicted on him by CD under such
homicide .. circumstances that the act of CD was justifiable (or accidental) homicide.
a stab on the heart with a knife inflicted on him by CD under such
circumstances that the act of CD was culpable homicide not amounting to
murder.

2. Cases of shooting himself through the head with a pistol. Drowning himself in a tank,
suicide .. river or sea. Opiumarsenic, which he voluntarily administered to himself.
Cutting his throat with a razor or any sharp instrument.
3. Cases of strangling to death a newly born child by its mother, by exposure caused
infanticide .. by CD with the knowledge that it would necessarily result in the death of
AB, a newly born child.

4. Cases of falling out of a boat into any river, whereby he was drowned,
accident .. a kick from a horse which fractured his skull and ruptured blood-vessels in
his head.

5. Cases of opium or arsenic which was administered to the said AB by CD with the
poisoning .. intention of killing him.
6. Cases of death while working in a mill or a workshop being caught in moving machinery.
caused by
machinery.
7. Cases of death the wheel of a motor car or a heavy cart which negligently driven by CD
arising out of the passing over his chest and causing death.
use of a vehicle.

8. Cases of death disease of the heart, apoplexy.

from any other sunstroke or any other disease.
cause.

And so say the

jurors upon their
oath aforesaid.

1. The Second Schedule was substituted for the original by section 5 of Bom bay 13 of 1930.

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