Post Mortem is crucial in determining the cause of death in an inquiry.
Hence, section 4 (1) of the Coroner's Act empowers the Coroner to order the
post mortem examination of the deceased. It states:

"Whenever an inquiry into the cause of death of any person is required to be
held under the provisions of this Act, a Coroner may, subject to any rule
made under this Act, direct a medical officer or other duly qualified
medical practitioners to hold a post mortem examination of the deceased
person."

The Coroner also has power to suspend burial to enable the 'post mortem
examination to be done. Hence, section 4 (2) states:

"A Coroner may prohibit the burial of any dead body within the territorial
limits of his jurisdiction until an inquiry under this Act shall have been
held."

Even after burial, if necessary, the Coroner may order the examination of
the dead body as states in subsection (3) "Wherever a Coroner deems it
expedient in order to discover the cause of death or make an examination of
the dead body of any person who has already been interred, he may order such
body to be exhumed and examined."

POWERS WHEN DEATH OCCURS IN CUSTODY

According to section 6, subsection (2), when any person dies while in the
custody of the police or of a prison officer or in prison or when detained
in any place under the provisions of the Lunatics Detention Act or of the
Criminal Procedure Code, "a Coroner may, subject to the provisions of
section 11 of this Act, hold an inquiry, either instead of or in addition to
the investigation held by the police officer."

POWER ON SUSPICION OF COMMISSION OF OFFENCE

According to section 9 (2) of the Act, "Subject to the provisions of section
11 of this Act, if before or at the termination of any such inquiry a
Coroner is of the opinion that the commission of an offence by some known
person has been disclosed, he shall issue a summons or warrant for his
arrest, or take such other steps as may be necessary to secure his
attendance to answer such charge."

What happens when such accused person appears before a Coroner? The
subsection goes on to say "On the attendance of the said person, the Coroner
shall commence the inquiry de novo and shall proceed in the manner provided
in Part VI of the Criminal Procedure Code for holding a preliminary inquiry
into an offence."

In fact, subsection (1) of section 9 of the Act states: "Notwithstanding the
repeal of Part VI and section 236 of the Criminal Procedure Code and save as
otherwise provided in this Act, a Coroner holding an inquiry under this Act
shall exercise all powers conferred by that Code upon a Magistrate holding a
preliminary inquiry into an offence, as if those provisions had not been
repealed."

Furthermore, it is stipulated in section 12 of the Act that ".... if any
person is brought before a Coroner charged with murder, manslaughter, or
infanticide, such Coroner shall have the like powers as to committing that
person for trial before the Supreme Court as might be exercised under the
Criminal Procedure Code by a Magistrate if such person were charged before a
Magistrate."

The question now arises: What powers does this part confer on the Coroner?

DISCHARGE OF ACCUSED PERSON

Section 184 of the Criminal Procedure Code states: "If the court considers
that the evidence against the accused person is not sufficient to put him on
his trial, the court shall forthwith order him to be discharged as to the
particular charge under inquiry; but such charge shall not be a bar to any
subsequent charge in respect of the same facts:

"Provided always that nothing contained in this section shall prevent the
court from either forthwith, or after such adjournment of the inquiry as may
seem expedient in the interests of justice, proceeding to investigate any
other charge upon which the accused person may have been summoned or
otherwise brought before it, or which, in the course of the charge in
respect of which that accused person has been discharged as aforesaid, it
may appear that the accused person has committed."

COMMITMENT FOR TRIAL

The Coroner may on the other hand think there is enough evidence to commit
the accused for trial. Hence, section 185 of the Code states: "If the court
considers the evidence sufficient to put the accused person on his trial,
the court shall commit him for trial to the Supreme Court and shall, until
the trial, either admit him to bail or send him to prison for safe-keeping.
The warrant of such first-named court shall be sufficient authority to the
officer in charge of any prison appointed for the custody of prisons
committed for trial, although out of the jurisdiction of such court."

The Coroner may be of the opinion that an offence has been committed by an
unknown person. Hence section 9 (3) of the Coroner's Act states: "If at the
termination of the inquiry the Coroner is of opinion that an offence has
been committed by some person or persons unknown, he shall record his
opinion accordingly."

What if the Coroner is of the opinion has been committed? Section 9 (4)
states "If at the termination of the inquiry the Coroner is of opinion that
no offence has been committed, he shall record his opinion accordingly."

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