Inquests

Inquests into Deaths or 'Coroner System'

Overview of Deaths

• Deaths of human beings are categorized into:

  • Natural Deaths: Occur due to natural diseases.

  • Examples include:

    • Myocardial infarction

    • Pneumonia

    • Old age

  • Unnatural Deaths: Result from external factors.

  • Causes can include:

    • Accidents

    • Negligence

    • Animal attacks

    • Suicide

    • Violence

• Sudden Death: Refers to unexpected deaths that occur suddenly.

Importance of Inquiries

• Sudden or unnatural deaths require investigation to ascertain the cause.

• In civilized countries, various forms of inquiries into such deaths are conducted.

• In Sri Lanka, inquiries into sudden and unnatural deaths take place, governed by Chapter 30 of the Code of Criminal Procedure Act, No. 15 of 1979 (CCPA).

  • Notably, there exist provisions outside this chapter related to inquests into sudden deaths.

Role of Inquirers

• The official responsible for conducting inquiries is known as an Inquirer.

  • Historically referred to as Coroners, although that term is not legally recognized in Sri Lanka.

• Inquirers are appointed by the Minister of Justice and can include Magistrates.

• Inquests are specifically conducted under the CCPA.

Categories of Deaths Requiring Inquests

• Inquirers must conduct inquiries for the following categories of sudden deaths:

  • Suicide

  • Animal-related deaths

  • Machinery-related deaths

  • Accidental deaths

  • Deaths occurring suddenly

  • Deaths where the cause is unknown

• Definitions for specific categories highlight inherent nuances:

  • Sudden Deaths can involve natural causes like heart attacks or strokes, or be the result of criminal offenses (e.g., murder).

Jurisdiction for Conducting Inquests

• A Magistrate has the authority to carry out an inquest if:

  • Deaths occur due to accidents.

  • Deaths occur suddenly.

  • The deceased is found dead, cause unknown.

• Extended authority includes:

  • Deaths occurring in prisons, mental hospitals, or leprosy hospitals, regardless of cause.

Procedure for Inquiry

• Upon receiving information of a death, an Inquirer must:

  1. Proceed immediately to the scene where the body is located.

  2. Conduct inquiries from the scene of the death.

  3. Prepare a report with the following:

  • a. Description of injuries (wounds, fractures, bruises).

  • b. Opinion on how injuries relate to the cause of death.

  • c. Analysis of how the injuries may have occurred.

  • d. Apparent cause of death.

• The inquiry is initiated at the body’s location, with further proceedings possible at a different site.

• The inquiry must be publicly open, though an Inquirer can exclude the public if justified by special grounds of policy or expediency, and should document the reasons for exclusion.

Powers of the Inquirer

• Under Chapter 30 of the CCPA, an Inquirer is empowered to:

  1. Issue processes to compel witness attendance or document provision.

  2. Record witness evidence.

  3. Request post-mortem examinations from government medical officers or other practitioners.

• Notably, Inquirers cannot order the exhumation of remains, which only Magistrates can do.

Witness Management in Inquests

• The Inquirer decides which witnesses to call and must administer an oath before recording their evidence.

• An Inquirer legally questions witnesses during inquiries.

• The proceedings where evidence is recorded are classified as judicial proceedings.

• The Evidence Ordinance applies to the recording process.

Consequences for Non-Compliance

• If a summoned witness fails to appear, the Inquirer may issue a warrant for their apprehension.

• Non-compliance (failure to attend, take an oath, answer questions, or produce documents) can result in legal penalties, including:

  • A fine not exceeding 100 rupees.

  • Imprisonment for up to three months.

• Post-inquiry, the Inquest report must be signed by the Inquirer and sent to the nearest Magistrate for recording or further action.