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Procedure to get the postmortem report
16-Aug-2023 (In Documentation Law)
Mere father ka road accident 1999 me ho gya hai chapra court me case file kiya hu postmortem report lost ho gya hai is liye mera case resect ho gya hai mujhe postmortem report ki bahut jarurat hai kaha se milega postmortem report ?? Plz
In court
Post-mortem reports are routinely used as evidence in criminal court proceedings. Usually the post-mortem report will be referred by the public prosecutor to be used in prosecution in court. The information contained in the post-mortem report (like injuries on the deceased and the results of toxicological analysis or alcohol) together with the evidence of the expert witnesses by Specialist / Medical Officer carrying out the post-mortem will be used to strengthen arguments in the prosecution.
However, based on the Criminal Procedure Code Section 340 (1), if the Medical Officer who made the post-mortem examination of the body of the deceased person is dead or is absent from Malaysia, it shall be lawful to receive any report of that Medical Officer made under the provisions of this Code as evidence with regard to the appearances of the body when examined by that Medical Officer and as regards the cause of death.
In investigation
Post-mortem report usually requested by the police who conducting an investigation on a criminal case, for example, homicides, wounded by gunfire, rape and others. Referring to the Criminal Procedure Code (Act 593), report of the Medical Officer on post-mortem examination (under subsection 331 (2)) shall be admissible as evidence and shall be prima facie evidence of the facts stated in it at any inquiry held under this Chapter XXXII (Investigation of Death). Based on the post-mortem report, the police can get a source of information about the cause of death and injuries on the deceased, and correlation with weapons which can cause death and suspects involved in the case.
In insurance claim
Post-mortem report is also required by insurance companies for insurance claims process by the heirs of the deceased. Post-mortem report must eloborate the injury suffered by the deceased and the cause of death of the deceased so as not to contradict the claims made and policies laid down by the insurance company. Details about the causes of death is important because if the death is caused by the unlawful action e.g. suicide, life insurance coverage claims is void and rejected. In addition, if a person driving under the influence of drugs / alcohol died in a road accidents, the insurance claims cannot be made by the heirs of the deceased.
Procedure For Application Of Post-Mortem Report
Application from Next-of-Kin for Husband / Wife / Children / Siblings & Parents
Application in writing or using Form KKM / LP / 1/2008
A copy of the deceased identity document eg identity card / passport
A copy of the applicant’s identity document eg identity card / passport
A copy of marriage certificate (if applicable)
A copy of birth certificate (if applicable)
Statutory Declaration (if applicable)
Copy of burial / death certificates
Payment (according to the type of application)
Related forms (Insurance, EPF, BURUH 90, PERKESO, etc.)
Other documents relating to the treatment of the deceased
Post-mortem reports are routinely used as evidence in criminal court proceedings. Usually the post-mortem report will be referred by the public prosecutor to be used in prosecution in court. The information contained in the post-mortem report (like injuries on the deceased and the results of toxicological analysis or alcohol) together with the evidence of the expert witnesses by Specialist / Medical Officer carrying out the post-mortem will be used to strengthen arguments in the prosecution.
However, based on the Criminal Procedure Code Section 340 (1), if the Medical Officer who made the post-mortem examination of the body of the deceased person is dead or is absent from Malaysia, it shall be lawful to receive any report of that Medical Officer made under the provisions of this Code as evidence with regard to the appearances of the body when examined by that Medical Officer and as regards the cause of death.
In investigation
Post-mortem report usually requested by the police who conducting an investigation on a criminal case, for example, homicides, wounded by gunfire, rape and others. Referring to the Criminal Procedure Code (Act 593), report of the Medical Officer on post-mortem examination (under subsection 331 (2)) shall be admissible as evidence and shall be prima facie evidence of the facts stated in it at any inquiry held under this Chapter XXXII (Investigation of Death). Based on the post-mortem report, the police can get a source of information about the cause of death and injuries on the deceased, and correlation with weapons which can cause death and suspects involved in the case.
In insurance claim
Post-mortem report is also required by insurance companies for insurance claims process by the heirs of the deceased. Post-mortem report must eloborate the injury suffered by the deceased and the cause of death of the deceased so as not to contradict the claims made and policies laid down by the insurance company. Details about the causes of death is important because if the death is caused by the unlawful action e.g. suicide, life insurance coverage claims is void and rejected. In addition, if a person driving under the influence of drugs / alcohol died in a road accidents, the insurance claims cannot be made by the heirs of the deceased.
Procedure For Application Of Post-Mortem Report
Application from Next-of-Kin for Husband / Wife / Children / Siblings & Parents
Application in writing or using Form KKM / LP / 1/2008
A copy of the deceased identity document eg identity card / passport
A copy of the applicant’s identity document eg identity card / passport
A copy of marriage certificate (if applicable)
A copy of birth certificate (if applicable)
Statutory Declaration (if applicable)
Copy of burial / death certificates
Payment (according to the type of application)
Related forms (Insurance, EPF, BURUH 90, PERKESO, etc.)
Other documents relating to the treatment of the deceased
Helpful?
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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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.
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
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