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Accused filed U/s 302 IPC has right to apply for Post mortem report
14-Oct-2023 (In Criminal Law)
How can an accused get a post mortem report before the chargesheet is filed ( as the other accuseds are absconding the chargesheet is not prepared).
In some cases, the report may be sent to a hospital doctor or GP so they can discuss it with you. If the post-mortem was requested by a hospital doctor, you'll have to request the results from the hospital where the post-mortem took place.
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Adv. A.K Azey Kumar Rhakul
Madurai | 25+ Answers
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How do I get a copy of a post mortem?
After the report has been submitted to court, a copy can be obtained. The Postmortem Report is an important document that is part of the prosecution. It is filed at the Trial Court with the charge-sheet by the Investigating Officer, who provides a free copy to the accused. 27-Jun-2020
Is post mortem report a public document?
The post-mortem or injury report does not constitute substantive evidence. It must be proven by the person who made it. This document cannot be referred to as a public record as defined by S. 74 Evidence Act.
Can I view a post mortem?
You may be required to fill out a formal request for access to the Medical/Health Record in order to comply with laws on patient confidentiality. You can specify that you want only the post-mortem report. This may incur a small charge.
What is the procedure to get post mortem report?
What is the location of a postmortem in India? Only medicolegal postsmortems are conducted in India. The investigation officer from the police station concerned makes the request for a medicolegal autopsy and post mortem.
Inherent powers under Section 482 of Cr.P.C. include powers to quash FIR, investigation or any criminal proceedings pending before the High Court or any Courts subordinate to it and are of wide magnitude and ramification. Such powers can be exercised to secure ends of justice, prevent abuse of the process of any court and to make such orders as may be necessary to give effect to any order under this Code, depending upon the facts of a given case. use the above power to get postmortem
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Adv. Vijay Sathya
Madurai | 100+ Answers
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