CrPC sections applicable in question below


Similar case in India like "A person died in district hospital and his cousin uncle received dead body from hospital and even not informed to deceased person's real relatives at right time but informed after 7 days and hidden the dead body saying that hospital handed over dead body to Municipal corp as unidentified person." Please advise what Indian CrPC sections apply in this case ?

Answers (2)


186 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.........


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317 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.

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