Death Inquiry

What is a death inquiry?

A death inquiry is a legal process carried out by a Magistrate when a person is suspected to have died suddenly/ unnaturally/ by violence/ by an unknown means to ascertain:

1. The identity of the deceased;
2. When, where and how did the deceased passed away;
3. Who caused the death of the deceased; and
4. Whether the above-mentioned person is criminally liable for the death of the deceased.

The law that governs a death inquiry can be found under section 328 to 341A of the Criminal Procedure Code (“the Code”). 

When should a death inquiry be held?

When there is (generally but not limited to):

1. A suspected murder;
2. A suspected suicide;
3. Sudden death where the cause of death is unknown;
4. Death by medical procedures;
5. A person dies while in the care of another;
6.  A natural disaster that caused multiple deaths, including that of the deceased; or
7. Death in legal custody (police station, prison, mental institution/ asylum, etc.).

The death inquiry process

1. A magistrate shall commence an inquiry as soon as the death is reported to the magistrate. In this regard: 
   1. The inquiry will be conducted with minimal postponement; and
   2. The inquiry is usually open to the public. However, the Magistrate may exclude the public from attending the inquiry if there are reasons to justify the exclusion. 
2. The magistrate will examine the witnesses. In this regard:
   1. The rules of evidence and the rules in relation to a hearing procedure do not apply in the inquiry;
   2. The magistrate will not entertain any form of objection from counsel holding watching brief and other interested parties on the credibility of the witnesses;
   3. The magistrate will then allow the “interested parties” to examine the witnesses (scroll down to know more about “interested parties”); and
   4. No witness is obliged to answer any questions that might incriminate him of any crime. However, they are required to take an oath and tell the truth during such an inquiry.
3. At the conclusion of the inquiry, the magistrate will record the evidence and his findings from the inquiry. Once this is completed, he will pass his records to the Public Prosecutor. In this regard, the magistrate must not record a verdict that might lead to the determination of any criminal/ civil liability of any party. What this means is that no one will be punished or convicted at the end of the inquiry. 
4. The magistrate may decide that the death (amongst others):
   1. Is an accident caused by the deceased himself;
   2. Is an accident/ event beyond any human control; 
   3. Is an accident caused by another person (known or unknown);
   4. Is an act of suicide;
   5. Is a case in which the cause of death is unknown or unclear. 
5. It must also be noted that the magistrate decision can be revised by the High Court. 

So what happens to those who are liable?

Once the inquiry is passed on to the Public Prosecutor, it is up to the Public Prosecutor to prosecute any parties. Alternatively, if there is any civil liability, it is up to the relevant parties to pursue a civil claim in court. 

Who are the “interested parties”?

They are the people that might have an interest in the outcome of the case, such as:

1. The family members/ personal representative of the deceased (who might pursue a civil claim);
2. Public prosecutors (who might prosecute any relevant parties);
3. Enforcement authorities; or
4. Anyone who the magistrate considers to be an “interested party”.

Must the magistrate hold an inquiry in all situations?

No. The magistrate does not need to hold an inquiry if he is satisfied that the cause of death is a plain and obvious one. The magistrate also need not hold an inquiry if a person has been charged by the public prosecutor for causing the death of the deceased/ if any interested party has brought a civil against any person for causing the death of the deceased.

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