Section 302
Section 302
In this Chapter, "cause of death" include not only the apparent cause of death as ascertainable by inspection or post mortem examination of the body of the deceased, but also all matters necessary to enable an opinion to be formed how the deceased came by his death and whether his death resulted in any way from, or was accelerated by, any unlawful act or omission on the part of any other person.
Duty of officer in charge of station 303.
(1)
If an officer in charge of a police station receives information that -
(a)
a person has committed suicide;
(b)
a person has been killed by another, or by an animal, or by machinery, or by an accident;
(c)
a person has died under circumstances in which some other person may have committed an offence; or
(d)
a person has died or has disappeared in circumstances which raise reasonable presumption that he has died, and the cause of such death or presumed death is not known, he shall -
(i)
immediately give information thereof to a
Magistrate and himself immediately proceed or shall direct some other police officer immediately to proceed to the place where the body of such deceased person is, or, if the body has disappeared,
168
Criminal Procedure Code to the place where the deceased person was last seen alive; and
(ii)
there make an investigation and draw up a report of the apparent cause of death, describing, if the body is available, such wounds, fractures, bruises and other marks as may be found thereon, and stating in what manner or by what weapon or instrument (if any) the same appear to have been inflicted, and, whether the body is available or not, giving an account of such objects and circumstances as in his opinion may relate to the cause of death or the person (if any) who caused the death:
Provided that if no police officer is available to make the investigation required by this subsection, a Magistrate may direct a fit and proper person
(in this section referred to as an authorised officer) to carry out such investigation and to draw up the report and forward it to the officer in charge of the police station:
Provided further that if the Magistrate is satisfied that no useful purpose would be served by any person proceeding to the place where the body is or, if the body has disappeared, to the place where the body was last seen alive, he may by order in writing under his hand dispense with such requirement.
(2)
Any police or authorised officer malung an investigation under this section may exercise all the powers granted to a police officer under the provisions of Chapter XIII.
(3)
A report of such investigation shall be made and signed by the officer in charge of the police station and forwarded by him to the
Magistrate:
Provided that if as a result of the investigation the officer drafts a charge under section 123 in respect of the death of such person, he shall forward the report to the Public Prosecutor and shall inform the Magistrate in writing of the commencement of such proceedings.
Duty of officer to arrange for post mortem examination in certain cases 304.
(1)
Every person making an investigation under section 303
shall, if there appears to him any reason to suspect that -
Criminal Procedure Code
CAP. 7 169
(a)
the deceased came by his death in a sudden or unnatural manner or by violence; or
(b)
his death resulted in any way from or was accelerated by any unlawful act or omission on the part of any other person, at once inform the nearest medical officer, and shall take or send the body to the nearest Government hospital or other convenient place for the holding of a apost mortem examination of the body by a medical officer:
Provided that if that person is satisfied as to the cause of death and that the deceased came by his death by accident, or that in all the circumstances of the case including the state of the body and the difficulties of communication, he is of the opinion that no useful purpose would be served by a further examination, he may order the body to be buried forthwith.
(2)
The person making the investigation shall not remove the body if it appears to him that it should be viewed by a Magistrate in the place where it was found.
(3)
Where it is not practicable to obtain the services of a medical officer, a hospital assistant may perform the duties required by this section.