Introduction to Death Inquiry In Criminal Law

What is a death inquiry?

Death inquiry is a process conducted by a Magistrate when a person dies suddenly/ unnaturally/ by violence/ by an unknown means. It is usually conducted to ascertain:

1. The identity of the deceased;
2. When, where, and how or why did the deceased pass away;
3. Who caused the death of the deceased; and
4. Whether the person who caused the death is criminally liable for the death of the deceased.

What law governs this topic?

Section 328 to 341A of the Criminal Procedure Code (“the Code”). 

When does a Magistrate hold an inquiry?

When there is:

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.).

However, this does not mean that the Magistrate will automatically conduct an inquiry if the death is reported to him. The exception to the general rule is this: the Magistrate will not hold an inquiry if: 

1. He is satisfied that the cause of death is a plain and obvious one; 
2. A person has been charged by the public prosecutor for causing the death of the deceased; and
3. Any interested party has brought a civil against any person for causing the death of the deceased. 

How does the process work?

1. An incident in which a person died is reported to the Magistrate.
2. Only then Magistrate will commence an inquiry. Such inquiry: 
   1. Is usually conducted as soon as possible with minimal postponement; and
   2. Is usually open to the public. However, the Magistrate can prevent the public from attending if there is a cogent reason to do so.
3. During the inquiry, the Magistrate will call upon witnesses to ascertain the facts of the case. Generally:
   1. Laws apply to a general hearing in court will not apply in an inquiry (such as the rules of evidence);
   2. The Magistrate will not entertain any form of objection from anyone (lawyers, celebrities, prominent figures) in regards to the credibility of witnesses;
   3. Once that is concluded, “interested parties” will be allowed to examine the witnesses; 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.
4. At the conclusion of the inquiry, the Magistrate will record the evidence and his findings from the inquiry to the Public Prosecutor. Another important thing to take note is that Magistrate will never record a verdict that might lead to the determination of any criminal/ civil liability of any party. Essentially, no one will be punished or convicted at the end of the inquiry. 
5. 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 a suicide;
   5. Is a case in which the cause of death is unknown or unclear. 

PS: 

1. This does not mean that the finding is conclusive- the Magistrate’s decision can actually be revised by the High Court. 
2. Upon finding any party is liable for the death of the deceased, it is up to the Public Prosecutor to them (for criminal matters). For civil liabilities, it is up to the relevant parties to pursue a civil claim in court. 

How do you define “interested parties”?

Basically, they are the people that might have an interest in the outcome of the case. For example:

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”.

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