Exhumation { Medical Jurisprudence}

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    13-Apr-2017

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<ul><li><p>1 </p><p>What is EXHUMATION , what procedure is adopted for carrying out an </p><p>EXHUMATION in Pakistna? </p><p>Definition: </p><p>It is an examination of a dead body taken out of the grave for the suspicion of death because </p><p>of poisoning or any other foul play. </p><p>Autopsies are performed on exhumed bodies in the following circumstances: </p><p>(a) In Criminal Cases: e.g., homicide, suspected homicide masked as suicide, suspicious </p><p>poisoning , death as a result of criminal abortion and malpractice. </p><p>(b) In Civil Cases: such as accidental death claim, liability for malpractice, survivorship and </p><p>inheritance claims or disputed identity. </p><p> MEDICAL JURISPRUDENCE LL.B. PART III </p><p>TOPIC: An Introduction to Medical Jurisprudence </p><p> 1st Day Oct, 2016 </p><p>Presented by: SM Zarkoon, Lecturer, B.Sc. LL.B. LL.M. {Criminology &amp; Law of Evidence} </p><p> University Law College Khojjak Road Quetta. </p></li><li><p>2 </p><p>PROCEDURE FOR EXHUMATION: </p><p>This should be carried out by the order of : </p><p>1. District Magistrate </p><p>2. Coroner </p><p>3. Sub-Divisional Magistrate. </p><p> AFTER EXHUMATION : </p><p>After exhumation is carried out successfully, the Post-Mortem takes place and has to be done </p><p>by Medical Officer and the following parts are sent for chemical examination: </p><p>(a) Earth taken from above the Coffin. </p><p>(b) Earth taken from below the Coffin. </p><p>(c) Earth taken from within the Coffin. </p><p>(d) Hair from head </p><p>(e) Hair from pubes. </p><p>(f) Nails, Teeth. </p><p>(g) Bones </p><p>(h) Heart </p><p>Can a police officer order for </p><p>Exhumation? </p><p>A police officer can not order for </p><p>exhumation. </p></li><li><p>3 </p><p>(i) Stomach </p><p>(j) Intestine </p><p>(k) Liver, spleen and kidney. </p><p> Time Limit for Examination: </p><p>In Pakistan and England : No Time limit. </p><p>France : 10 Years </p><p>Scotland : 20 Years </p><p>Germany : 30 Years. </p><p>Arsenic poisoning has a special significance because of its high content in various parts of the </p><p>body on post-mortem analysis of exhumed bodies. </p><p>PRACTICAL PROBLEMS IN CRIME DETECTION </p><p>IN PAKISTAN: </p><p>Following is the practical problem in crime detection in Pakistan. </p><p>(a) The investigating Police officer may not find time to reach the scene of death due to his </p><p>other engagements. Therefore time is lost in obtaining clues to the crime and </p><p>decomposition of the body starts making more difficult for the medical officer to give a </p><p>cause of death. </p><p>(b) The police officer lacks training in the filed of medical jurisprudence and therefore the </p><p>reports lack completeness. By the time the body reaches the medical officer the body is </p><p>under decomposition. Therefore the difficulty in detection of crime. </p><p>(c) Many times the relatives and friends of the deceased conceal information in order to </p><p>avoid their presence in the Court of Law. </p><p>(d) The geographical and climatic condition of the country favor early decomposition of the </p><p>body. The areas being large may make it difficult to take the body to the concerned </p><p>medical officer. </p><p>(e) Familial enmity leads to conspiracy and false implication of charge of murder. </p><p>(f) The forensic specialist usually does not visit the scene of the crime and thus misses </p><p>considerable information. </p></li><li><p>4 </p></li></ul>