CrPC sections applicable in question below

644 votes

I am very sorry to hear about your loss. The applicable provisions of law would be better found under the Indian Penal Code, 1860 which is a substantive law (it defines offences and prescribes punishments) as opposed to the Code of Criminal Procedure, 1973 which is a procedural law (it lays down the framework for the enforcement of the substantive law). There are a few provisions of the IPC which may be attracted to your case. Section 166A of the IPC for example makes it an offence for a public servant to disobey a direction of law. Every state has its own prescribed rules for the disposal of bodies by hospitals . If you suspect foul play or gross negligence on part of the hospital then you could very well proceed against them. This would require a study of the applicable rules as they differ from jurisdiction to jurisdiction and could also differ between public and private institutions. First and foremost you should have an Advocate issue a legal notice to the hospital. Ideally you would then get a written reply explaining what exactly happened. You could also file an RTI application inquiring about the exact procedure to be followed in such cases. Do let me know if I could be of any further help to you. Thank you.

LawRato LawRato

915 votes

hi, Please specify whether during the said 7 days, body was kept or cremated.. And whether you lodged any complaint with the hospital that why did they handed over the body to some other person...

Advocate Ankur Aggarwal LawRato