PROCEDURAL FORMALITIES IN
EXHUMATION
Disinterment of Bodies
Pralhad Kachare
Deputy Collector, Nashik
Disinterment of Bodies
(Exhumation)
• Exhumation is the lawful disinterment of a
buried body from its grave. Section 176,
• Subsection (3) of authorizes an Executive
Magistrate to order for an exhumation and
subsequent examination of the dead body
(Coroner in Bombay City).
• There is no time limit fixed in this country for
disinterment contrary to countries like
France, (10 years), Germany (30 years) and
Scotland (20 years).
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Disinterment of Bodies (Exhumation)
1. Whenever a Police Officer making an investigation
reasonably suspects that the body of the person is buried
under questionable circumstances, he shall record his
reasons in writing and forward the information with a
requisition under section 176(3) Cr.P.C. to the nearest
executive magistrate to be present at the time of
disinterment.
2. In the mean time he should make arrangement to guard
the grave.
3. When the body is disinterred, the IO shall establish the
identity of the body through witnesses.
4. If there is a possibility of the body being decomposed and
unfit for removal for post mortem and in anticipation of
such circumstances, the presence of a doctor can also be
secured along with the magistrate even before exhumation
and the doctor may be requested to conduct post mortem
there on the spot.
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Disinterment of Bodies
(Exhumation)
• 1. To establish the cause of death when
• a) Suspicion of foul play arises after burial
• b) Dispute arises about the cause of death even
after post mortem examination.
• c) The body is secretly disposed off after murder.
• 2. To establish the Identity in civil cases to claim
insurance, inheritance and damages in
accident cases.
• Here the consent of next of kin is necessary.
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Exhumation
• 1. Written authorization for autopsy from the Executive
Magistrate/Coroner.
• 2. The burial site should be identified positively either
by relatives, caretakers of cemetery or by assailant in
murder cases etc.
• 3. The Medical Officer must be available at the time of
Exhumation.
• 4. The digging process should be done carefully and
every effort must be made to avoid damage to coffin
and corpse.
• 5. The coffin and the body are to be identified.
• 6. Before the autopsy a detailed history of the case may
be sought so that more attention can be directed to
those areas that raised suspicion of foul play.
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Exhumation
• 7. Autopsy should be performed only during day time
under natural light.
• 8. Privacy during examination should be maintained by
proper screening.
• 9. If facilities permit, take X-ray of the entire body.
• 10. Autopsy should be conducted in the same manner
as is routinely done to find out any evidence of
violence, poisoning or any natural disease process.
• 11. In addition to the routine viscera for chemical
analysis, the following samples should also be
collected.
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Exhumation
• 12. Bones, nails and hair.
• 13. Samples of soil from above the coffin, below
the coffin and sides.
• 14. Look for evidence of previous autopsy like
postmortem incisions, manner of dissection
of organs etc.
• 15. All observations made during the
examination must be properly entered then
and there in the postmortem notes.
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LIMITATIONS
• 1. Advanced decomposition may hamper the
identification of injuries and disease
process.
• 2. Lifting of finger prints to establish the
identity may be difficult if the fingers
• are mummified and blackened.
• 3. Artefacts due to burial and embalming
process can cause serious handicaps.
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LIMITATIONS
• 4. If the body is decomposed to the point of non
identification, interpretation is limited to
skeletal injuries and presence of foreign bodies
including poisons.
• 5. It is impossible to confirm or reject the
diagnosis of suffocation, drowning,
embolism, pneumothorax etc.
• 6. Serious alterations brought about by first
autopsy, especially if done by an
• inexperienced medical officer can pose
problems.
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Scope
• 1. In spite of the limitations, a great deal of information may be
brought to light from autopsy of an exhumed body.
• 2. Doubts and suspicions of the case can be cleared to some
extent from the minds of the relatives and public.
• 3. Fracture of bones can be easily identified despite
decomposition changes and valuable information drawn.
• 4. Presence of foreign bodies like bullets, pellets, parts of weapon
etc. may indicate the nature of death.
• 5. Analysis of viscera may prove useful in poisoning cases.
• 6. In embalmed bodies, details are well preserved and cause of
death can be ascertained even by microscopic examination.
• 7. Skull and mandible may be useful in establishing the identity
from dental data and superimposition technique.
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