a. Exhumation and its Principles and Procedures
In general meaning exhumation is understood as to find out the evidence (सबुद खन्नु हो). It is the task of retrieval of a previously buried body for the postmortem examination. And it is found out from the legitimate grave.
But in case if the grave is illegal then it is turned out to be a SCENE OF CRIME. Exhumation is the lawful digging out of an already buried human dead body from the grave.
b. Purpose of Exhumation: - it is performed to allow a postmortem examination of the corpse, either for the first time or as a re- examination in suspicious cases. This is why exhumation needs to be done in the early morning.
c. Law governing the exhumation
The laws governing exhumation vary from counties to countries, in Indian Criminal Procedure Code Section 176. Exhumation is done in criminal as well as civil cases, criminal cases like suspected homicide, suspicious poisoning, criminal abortion and civil cases like inheritance claim, compensation claim. In Nepal most of the dead bodies are not buried but burnt as per the cultural practices and hence it is not popular.
d. Objective of exhumation
The general importance of exhumation is that it gives an opportunity for the examination of deceased bodies which have been buried. And it helps to identify the cause of death, manner of death and time of death. The certain objectives are mentioned below: -
- Investigation – identify the dispute – compensation (if civil legal matter).
- It is done with carrying out further investigation in criminal cases on the basis of new information.
- To find out the ancient historical circumstances
- To find out the cause of the death.
- To know about manner of death
- To know about the methods of disposal of the body.
- To detect all the injuries, present on the body and bones.
e. Procedure for examination
- Getting authority for exhumation as per the laws. (In Nepal there are no laws; but there exists exhumation guidelines by NHRC and CIEDP.)
- Examination must be done by pathologist or the experienced in forensic autopsies in the presence of persons ( as mentioned by the law).
- The first objective should be to confirm the identification of the dead body.
- If examination of bones is required for the identification, then it can be done even after a long time after the body is being buried.
.After the completion of the examination of the body it is usually reburied in the same grave.
f. Ante mortem data in illegal burial
- Proper identification of the grave
- One must start this at early of the day
- Presence of relevant authorities and personnel for team formulation
- Photo / videography
- Proper collection and preservation of the remains with the proper chain of custody
- Proper transportation to mortuary
g. Skeleton remains examination: - at the course of examination of the skeleton the certain questions answers are to be find which are mentioned below:
- Human or not is identified?
- Male or female is identified?
- One or more individuals is determined?
- Portable structure is noted down such as: - height of such?
- Age of individual ?
- Personal identity?
- Time of death roughly?
- Causes of death?
h. Ante Mortem Data
It is all the information about an individual during his/her life or before death.
Application of A-M Data: -
- During Crime Investigation- police cases
- Mass Disasters – for the identification of victims
- In search of disappeared persons- NHRC, CIEDP guidelines
- In the case of unidentified bodies found
Who can provide the information?
- The person knowing about the details of the missing person.
- Close family members, relatives,friends and other persons according to situation.
The person who has lastly seen alive the missing person.
A-M Data
- Name, age sex, address, religion, ethnicity, occupation of such missing person.
- Height, weight, obesity
- Material, type, color of things wearing at the time of missing.
- Documents (if there is any)
- Scars
- Style, color, length, of hairs
- Use of eye glasses, hearing aids and dental data
- Records or Documents: - Official, personal, hospital, police, dental records
(Source: Dr. Harihar Wasti's lecture at Kathmandu School of Law, 2024)
