Section 308
Death of person in custody of police or in psychiatric facility
Notwithstanding the provisions of section 307, when any person dies while in the custody of the police or in a psychiatric facility or prison, the officer who had the custody of such person or was in charge of the psychiatric facility or prison, as the case may be, shall forthwith give intimation of the death to the nearest Magistrate, and the Magistrate or some other Magistrate shall, in the case of death in the custody of the police, and in other cases may, if he thinks expedient, hold an inquest into the cause of death and for such purpose may designate any person to make the investigation and report referred to in section 303 and that person shall for the purposes of the investigation be deemed to be a police officer.
Powers of Magistrate 309.
(1)
A Magistrate holding an inquest under this Chapter shall have all the powers which he would have in holding an inquiry into an offence.
Criminal Procedure Code
CAP.7 171
(2)
A Magistrate holding an inquest under this Chapter if he considers it expedient that the body of the deceased person should be examined by a medical officer or hospital assistant in order to discover the cause of death may, whether a post mortem examination has been made under section 305 or not, issue his order to a medical officer or hospital assistant to make apost mortem examination of the body, and may for such purpose order the body to be exhumed.
(3)
The Magistrate holding the inquest may, if he thinks fit, summon to assist him a jury consisting of not less than three and not more than five persons of whom at least half shall, if possible, be of the same race as the deceased.
Magistrate may view body 310.
The Magistrate holding an inquest shall ordinarily view the body of the deceased and may for that purpose cause such body to be exhumed:
Provided that a Magistrate may in his discretion dispense with viewing the body if, for a reason which he shall record, he considers it to be unnecessary.
Inquiries to be made by Magistrate 311.
A Magistrate holding an inquest shall inquire when, where, how and after what manner the deceased came by his death and also whether any person is criminally concerned in the cause of such death.
Evidence and finding to be recorded 312.
(1)
The Magistrate holding an inquest under this Chapter shall record the evidence and his finding thereon, and shall forthwith transmit to the Public Prosecutor the original of such evidence and finding duly authenticated by his signature, or a copy of such evidence and finding certified under his hand as correct.
(2)
The place in which any inquest under this Chapter is held shall be a place open to the public. But a Magistrate conducting an inquest may, on special grounds of public policy or expediency, in his discretion, exclude the public or any person or persons in particular at any stage of the inquest fi-om the place in which the inquest is being held.
172
Criminal Procedure Code