Exhumation { Medical Jurisprudence}

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    13-Apr-2017

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    What is EXHUMATION , what procedure is adopted for carrying out an

    EXHUMATION in Pakistna?

    Definition:

    It is an examination of a dead body taken out of the grave for the suspicion of death because

    of poisoning or any other foul play.

    Autopsies are performed on exhumed bodies in the following circumstances:

    (a) In Criminal Cases: e.g., homicide, suspected homicide masked as suicide, suspicious

    poisoning , death as a result of criminal abortion and malpractice.

    (b) In Civil Cases: such as accidental death claim, liability for malpractice, survivorship and

    inheritance claims or disputed identity.

    MEDICAL JURISPRUDENCE LL.B. PART III

    TOPIC: An Introduction to Medical Jurisprudence

    1st Day Oct, 2016

    Presented by: SM Zarkoon, Lecturer, B.Sc. LL.B. LL.M. {Criminology & Law of Evidence}

    University Law College Khojjak Road Quetta.

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    PROCEDURE FOR EXHUMATION:

    This should be carried out by the order of :

    1. District Magistrate

    2. Coroner

    3. Sub-Divisional Magistrate.

    AFTER EXHUMATION :

    After exhumation is carried out successfully, the Post-Mortem takes place and has to be done

    by Medical Officer and the following parts are sent for chemical examination:

    (a) Earth taken from above the Coffin.

    (b) Earth taken from below the Coffin.

    (c) Earth taken from within the Coffin.

    (d) Hair from head

    (e) Hair from pubes.

    (f) Nails, Teeth.

    (g) Bones

    (h) Heart

    Can a police officer order for

    Exhumation?

    A police officer can not order for

    exhumation.

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    (i) Stomach

    (j) Intestine

    (k) Liver, spleen and kidney.

    Time Limit for Examination:

    In Pakistan and England : No Time limit.

    France : 10 Years

    Scotland : 20 Years

    Germany : 30 Years.

    Arsenic poisoning has a special significance because of its high content in various parts of the

    body on post-mortem analysis of exhumed bodies.

    PRACTICAL PROBLEMS IN CRIME DETECTION

    IN PAKISTAN:

    Following is the practical problem in crime detection in Pakistan.

    (a) The investigating Police officer may not find time to reach the scene of death due to his

    other engagements. Therefore time is lost in obtaining clues to the crime and

    decomposition of the body starts making more difficult for the medical officer to give a

    cause of death.

    (b) The police officer lacks training in the filed of medical jurisprudence and therefore the

    reports lack completeness. By the time the body reaches the medical officer the body is

    under decomposition. Therefore the difficulty in detection of crime.

    (c) Many times the relatives and friends of the deceased conceal information in order to

    avoid their presence in the Court of Law.

    (d) The geographical and climatic condition of the country favor early decomposition of the

    body. The areas being large may make it difficult to take the body to the concerned

    medical officer.

    (e) Familial enmity leads to conspiracy and false implication of charge of murder.

    (f) The forensic specialist usually does not visit the scene of the crime and thus misses

    considerable information.

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