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Introduction
Autopsy is a term which operates and originates from the word ‘Autopsia’ which is derived
from ‘Autos’ i.e. to see for oneself. A forensic autopsy is an examination conducted
postmortem to address medicolegal objectives. A forensic autopsy is also called a
medicolegal autopsy. The performance of a forensic autopsy follows instructions from the
concerned legal authority responsible for the medicolegal investigation of sudden,
unexpected, suspicious, mysterious, unwitnessed, obscure, unexplained, or litigious deaths,
criminal deaths, industrial deaths, and deaths associated with medical or surgical
treatment where medical negligence is alleged or anesthetic deaths. In brief, all deaths of
unnatural (homicide, suicide, accident) manner, suspicious deaths, and unexpected deaths
necessitate a legal investigation, which includes an autopsy as a portion of the evidence-
gathering process.

Section 174 and 176 of the Code of Criminal Procedure, 1973 deals with the concept of
medico-legal autopsy. The term autopsy and post mortem examination is not similar as it
appears to be. The main difference between autopsy and post mortem examination is that
in post mortem examination the physician merely looks at the body, fully clothed in a
funeral home or in a morgue while in autopsy it means opening of all body cavities and all
organs of the trunk, chest and head. Autopsy consist of two types-

The legal authority directing the autopsy surgeon/forensic pathologist to conduct the
forensic autopsy may be the coroner, the medical examiner, the magistrate, the police, or
the procurator fiscal as the legal norms differ substantially across the globe.

history.
The history and evolution of post-mortem examinations, commonly known as autopsies,
trace a long and complex path that has evolved over centuries. The practice has
transitioned from a primarily anatomical exploration to a crucial tool in both medical
education and forensic investigations. Here's an overview of the history and evolution of
post-mortem examinations:
Ancient and Medieval Periods:

 The roots of post-mortem examinations can be traced back to ancient civilizations.

In ancient Egypt, around 3000 BCE, there is evidence of systematic dissection for
anatomical knowledge. Similarly, ancient Greek physicians, such as Hippocrates and
Galen, practiced dissection to understand the human body's structure and function.

 During the medieval period, Islamic scholars like Ibn al-Nafis contributed to
medical knowledge through their studies of anatomy and dissection. However,
religious and cultural taboos limited the progress of post-mortem examinations in
some societies.

Renaissance and Early Modern Period:

 The Renaissance marked a revival of interest in anatomy and scientific inquiry.

Andreas Vesalius, a Flemish anatomist, made significant contributions to the field in
the 16th century, challenging many previously held beliefs and emphasizing the
importance of direct observation through dissection.

 Despite these advances, autopsies during this period were often performed in a
limited and irregular manner, and cultural and religious prohibitions persisted in
various regions.

Modern Era:

 The 18th and 19th centuries saw a gradual shift in the perception of post-mortem
examinations. Advances in medical education and the establishment of medical
schools contributed to a more systematic approach to autopsies.

 European physicians, including Giovanni Battista Morgagni and Rudolf Virchow,

played key roles in emphasizing the correlation between pathological changes and
clinical symptoms. Virchow, often regarded as the father of modern pathology,
championed the idea that diseases had specific anatomical alterations.

 Medical schools increasingly incorporated post-mortem examinations into their

curriculum to enhance students' understanding of pathology and disease processes.
THE FATHER OF MODERN PATHOLOGY, RUDOLF VIRCHOW

20th Century:

 In the 20th century, post-mortem examinations became an integral part of medical

research and forensic investigations. Advances in medical technology, such as X-
rays and more sophisticated laboratory techniques, complemented traditional
autopsy procedures.

 Autopsies also played a crucial role in understanding infectious diseases,

contributing significantly to the development of vaccines and public health
measures.

Contemporary Practices:

 In the contemporary medical landscape, post-mortem examinations have evolved to

include minimally invasive techniques, such as imaging studies (e.g., CT scans) and
genetic testing. These approaches offer additional insights into the causes of
death without the need for extensive dissection.
  Autopsies continue to be an essential tool in medical education, providing students
with hands-on experience in understanding the variability of human anatomy and
pathology.

 Forensic autopsies have become highly specialized, aiding in criminal investigations

by determining the cause and manner of death, collecting evidence, and assisting in
the identification of victims.

Challenges and Future Directions:

 Despite its long history, post-mortem examinations face challenges, including issues
of consent, cultural considerations, and the decline in autopsy rates in some regions.
Efforts are ongoing to address these challenges and highlight the continuing
importance of autopsies in medical and forensic contexts.

In conclusion, the history and evolution of post-mortem examinations reflect a journey

from ancient anatomical exploration to a standardized medical procedure with diverse
applications. The practice has adapted to the changing needs of medicine and forensic
science, contributing significantly to our understanding of human health and pathology.

Standardization of
post mortem

legal_process
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As per section 174 of Cr. P.C., the officer-in-charge, usually sub-inspector of a police station conducts the
inquest. The police officer making the inquest is known as Investigation Officer (I.O.). When the officer
in-charge of a police station receives information about fatal death, viz. suicide, or homicide, killed by an
animal, accident, or has died under circumstances raising a reasonable suspicion he immediately gives
intimation about it, to the nearest Executive Magistrate empowered to hold inquests. The Investigation
Officer conducts an investigation under Section 175 of Cr.P.C. should visit the crime scene or hospital and
in presence of two or more witnesses draw up a report of the apparent cause of death. Then, he
prepares a report includes the descriptions of wounds, bruises, fractures, and other marks of injury
found on the body, and stating in what manner, or by what weapon or instrument, such injuries appear
to have been inflicted.
The inquest report in common parlance called as panchanama is then signed by the investigating police
officer and by the panchas. If no foul play is suspected, the dead body is handed over to the relatives for
disposal after conducting the post mortem report. In cases of suspected foul play or doubt, the body is
sent for post mortem examination to the nearest authorized Government doctor together with a
requisition and a copy of the inquest. The report is forwarded to the Magistrate. Private medical
institutions can undertake medico-legal examination and treatment of the living, but autopsies can be
conducted only with the permission of the State Government.

Magistrate’s Inquest

This is carried out by a District Magistrate, Sub-divisional Magistrate, Tahsildar, or any other Executive
Magistrate (Sections 20 to 23 of the CrPC), especially empowered by the State Government (Executive
Magistrates). It is performed in cases of death in police custody, during police interrogation, death
resulting from police firing, death in prison or reformatories, death in a Borstal school, death in a
psychiatric hospital, dowry deaths, and exhumation. If any person dies, disappears, or if rape is alleged
to have been committed on any woman while that person is in police custody or any other custody
authorized by the Court (Section 174(4), Sections 176 and 176, 1A, Cr.P.C.), an inquiry is conducted.

In any case of death, a Magistrate has the authority to conduct an inquest, either instead of or in
addition to the police inquest (Section 176, Cr.P.C).

Examination of Accused

As per Section 53 Code of Criminal Procedure, an accused may be examined by a medical practitioner at
the request of a police officer using reasonably necessary force. Whenever the person of a female
accused is to be examined, the examination shall be made only by or under the supervision of a female
registered medical practitioner. An arrested person may be examined at his request by a medical
practitioner to detect evidence in his favour.

Postmortem Examination & Report

Post mortem examination of a dead body is carried out to gain insight into the disease
process as well as for forensic application of medical knowledge. Although different
specialists viz; pathologists and forensic medicine experts, carry out autopsy for these
two purposes, on many occasions there may be overlap of these two fields of medicine. A
comparative analysis of both these categories of autopsies, namely clinical autopsy and
medico legal autopsy, is done in this article with the intention of equipping the specialists
in these two fields of medicine with knowledge about the other.

Autopsy, literally meaning self-study of a dead body, is carried out for clinical as well as
medico-legal purposes. Clinical autopsy, loosely termed as pathological autopsy, is carried
out to diagnose the disease which has caused the mortality when ante-mortem efforts
have failed. Many a times clinical autopsy is done despite the cause of death having been
established ante-mortem, to study the disease process in situ, thus enriching medical
knowledge. Medico-legal (ML) autopsy is performed with the aim of providing answers to
questions about the identity, cause of death, time of death, circumstances of death, etc.,
thus helping the law enforcing agencies to solve the crime. Although the procedure of both
the autopsies is same, they differ from each other in many aspects. Usually, the clinical
autopsy is performed by the pathologist and ML autopsy by a forensic expert.

Clinical Autopsy

The primary objective of clinical autopsy it to establish the nature of the disease this has caused death,
when ante-mortem efforts have failed. Another objective is to study pathology of the disease this has
caused death, even when the diagnosis has been established before death.

Medico Legal Autopsy

Medico-legal autopsy is performed, as part of the inquest procedure, when ordered by the investigating
authority in ML deaths. The in-questing authority is usually civil (Police/Magistrate) but military inquest
is carried out in areas where civil administrative set up is not available to carry out inquest. Under
Section174, CrPC the in-questing authority can order any registered medical practitioner or medical
graduate to carry out ML autopsy. Aims and Objectives of Medico-Legal Autopsyis to determine exact
cause and manner of death, to establish identity of the deceased, to determine time since death, to
collect trace evidence and to do the reconstruction of the crime scene.

Documentary Pre-requisites in medico legal autopsy

Before starting a medico-legal autopsy the medical officer must be in possession of the following
documents:

•A letter from the Investigating Officer asking the medical officer to carry out the ML autopsy and
authorizing him to collect any material from the body for further investigations, if necessary. Although
the wordings of the letter may be in the form of a request, it is an order. The concerned medical officer
can be punished under law if he refuses to carry out the autopsy.

•A copy of the “Panchanama” carried out by the I.O. at the site of death. This document pictures the
scene of death for the prosecutor. Thus, it can be considered equivalent to the clinical case sheet
provided to the pathologist performing a clinical autopsy.

•Dead Body Challan: Is a set of questions to be answered by the investigating officer pertaining to the
death under investigation. This document provides background information to the prosecutor. A police
constable accompanies the dead body along with these documents.

•If the commanding officer of the military hospital is ordering the ML autopsy, a letter to that effect will
be issued to the prosecutor accompanied by the above documents.

•The clinical case sheet declaring the person dead initiated by the casualty medical officer/ward medical
officer should be one of the accompaniments. Ideally, the IO while proceeding to the site of Medico-
Legal (ML) death should take the medical officer with him. This enables the medical officer to make his
own observations at the scene of death. This will be of great help to him while conducting the autopsy,
especially in recreating the scene of events. The “panchanama” may be deficient in many aspects.
Autopsy Procedure

The autopsy procedure is essentially the same as for clinical autopsy. All medico-legal autopsies are
complete autopsies. Hence a thorough external and internal examination of all organs is carried out in all
cases. Exceptions are the vertebral column and spinal cord. Since their examination is cumbersome and
time consuming, it is resorted to only when necessary, like in head injury, hanging, vertebral column
injury, etc. On most occasions the cause of death is established by a thorough gross external and internal
examination on the autopsy table itself. Hence the forensic expert rarely resorts to his pathological
examination to establish cause of death. However, he resorts to toxicological examination, by the State
Forensic Science Laboratory, for qualitative and quantitative estimation of poisons in the body tissues. In
such cases, opinion as to the cause of death is reserved till the results of post-mortem laboratory
investigations are available for correlation and interpretation. Thus, the prosecutor is dependent on
other agencies on many occasions for giving opinion about the cause of death. As soon as the autopsy is
over, the cause of death is intimated to the investigating officer in a sealed envelope through the police
constable who had come along with the body. If opinion has been reserved, the same is conveyed with
reasons for doing so. On receipt of the note from the prosecutor, the investigating officer hands over the
body to the relatives with permission for cremation stating that the body is not required for further
investigations.

EVIDENTIARY ASSESSMENT OF POST-MORTEM REPORt

Section 293 and 294(3) of Code of Criminal Procedure

As per section 293 of Code of Criminal Procedure the reports of certain government scientific experts or
any document purporting to be a report under the hand of a Government scientific expert may be used
as evidence in any inquiry, trial or other proceedings. This section is applied to limited scientific officers
and it does not cover the doctor conducting the autopsy of the dead body and issuing the report on the
basis of examination or analysis. As per Section 294(3) of The Code Of Criminal Procedure, 1973, where
the genuineness of any document is not disputed, such document may be read in evidence in any
inquiry, trial or other proceeding under this Code without proof of the signature of the person to whom
it purports to be signed: Provided that the Court may, in its discretion, require such signature to be
proved. It can be received in evidence only on the establishment of its authenticity by the mode of its
proof as provided under sections 67 to 71 of the Evidence Act.

Indian Evidence Act on Documentary Evidence

As per Section 61 and 62 the contents of documents may be proved either by primary or by secondary
evidence and primary evidence means the document itself produced for the inspection of the Court.
Under Section 64 the document must be proved by primary evidence, that is to say, by producing the
document itself except in the cases mentioned in Section 65 thereof. Since the copy of the post-mortem
report did not come within the purview of any of the clauses of Section 65 it was not admissible on this
score also.

Judicial Approach on Post Mortem Report as Evidence

In Sowam Kisku And Ors. vs The State Of Bihar1, on 18th August 1983 ten accused caused the death of
deceased Dugu Ram Das Kiskuby beating him with Lathi, Bhala, Farsa and Tangi. The learned trial Judge
held guilty all the accused under Section 302 and sentenced each of them to undergo imprisonment for
life. Accused filed an appeal before Jharkhand High Court against the said conviction. Judgment
delivered on 5 January, 2006 by the Hon’ble High Court setting aside the conviction on the basis of
deficiency in proving post-mortem report in trial court as the doctor who conducted the autopsy not
appeared before the court.

In Geeta Keshav Shankar @ vs The State Of Maharashtra2, the Post-mortem Report didn’t prove that
there was any injury on the body of the deceased which resulted in his death and on the contrary, the
cause of death stated in the Post-mortem Report didn’t support the case of the prosecution. The Hon’ble
Court held that the post-mortem report itself cannot be used as substantive piece of evidence until and
unless the doctor concerned has been examined in Court.

In Vijender vs State of Delhi3, the court said that in view of Section 60 of the Evidence Act, the
prosecution is bound to lead the best evidence available to prove a certain fact. It is of course true that
in an exceptional case where any of the prerequisites of Section 32 of the Evidence Act is fulfilled a post-
mortem report can be admitted in evidence as a relevant fact under sub-section (2) thereof by proving
the same through some other competent witness. It shows that even under section 32 of the Evidence
Act, the post mortem report though admissible would be relevant when a competent witness come and
depose about the same otherwise it will shake the very edifice of criminal jurisprudence that if any
prejudice is caused, the benefit would be given to the accused and not to the prosecution.

The post-mortem report is also a document as any other document. Primary evidence of such a
document is the report itself. It is a contemporaneous record, prepared in the prescribed form, of what
the doctor has noticed in the course of post-mortem of the dead body, while investigation the cause of
the death. It being relevant, it can be proved by producing the same. But production is only a step
towards proof of it. It can be received in evidence only on the establishment of its authenticity by the
mode of its proof as provided under sections 67 to 71 of the Evidence Act.

It has been pointed out by the Hon’ble Supreme Court in Ganpat Raoji Suryavanshi vs State of
Maharashtra4 that the post-mortem report was not evidence and could only be used by the witness who
conducted the post-mortem enquiry as an aid to memory. But a post-mortem report proves nothing.
These propositions have already been stated in Queen Empress v. Jadub Das.5 Proceeding further the
learned Judges pointed out how the notes of post-mortem examination are nothing but
contemporaneous record prepared by the medical officer while performing the post mortem
examination on a dead body. The post-mortem report itself proves nothing, as they said, as it is not a
substantive piece of evidence.

On the contrary, in Meera vs. State of Rajasthan6 it has been reviled that, the Doctor admitted that the
medical papers on which he recorded, have been destroyed and there is no entry in the outdoor register

1
2006 CriLJ 2526
2
Cr. Appeal no. 968 of 2006
3
Appeal (crl.) 769 of 1996
4
1980 CriLJ 853
5
(1900) ILR 27 Cal 295
6
S.B. Criminal Misc(Pet.) No. 4242/2021
about the deceased having been brought to the hospital. There is no reference in the outdoor ticket
number in the post mortem report. In the said decision it was held that apart from oral statement of the
Doctor, no documentary evidence had been produced to substantiate his claim. His original writings on
which the treatment given to the patient was recorded, admittedly was destroyed by him, even though
he knew it to be a medico legal case, as admitted by him. In one case notes of post-mortem examination
are no evidence and, in another case, more importance is given to it is itself controversial.

In Sowam Kisku And Ors. Vs The State Of Bihar, the Jharkhand High Court has set aside the conviction on
the basis of deficiency in proving post-mortem report in trial court as the doctor who conducted the
autopsy not appeared before the court. In Deepak Rai vs State Of Bihar7, the Doctor who conducted post
mortem examination of the six deceased persons, has corroborated the prosecution case that the death
occurred by 100% burn injuries. The post-mortem report corroborates the time and manner of the
fateful incident, therefore the Hon’ble Supreme Court held that, the testimonies of the Doctors, post-
mortem report, medical report are reliable one.

In Shaikh Farid Hussinsab vs The State of Maharashtra8, the Hon’ble Supreme Court held that the post-
mortem report is also receivable in evidence without the doctor's evidence and can still furnish
corroborative evidence to support other evidence in the case.

Riiiigtt

7
Criminal Appeal No. 249-250 OF 2011
8
(1981) 83 BOMLR 278
So ,,,
Postem mortem is ….
What inferences is rovided by post mortem-
Cause of death
Time of death
Mode of death
Post mortem extract evidence from the following for testing to produce a post mortem report: clothes,
skin, bone, etc
Post mortem report significance
Produce evidence