Exhumation (MJ-V)

(Shah Nawaz Bokhari, Rawalpindi)

Ex mean “out of” and humus mean “ground” in the literal meaning is “out of ground. It is digging out the burial dead body from the graveyard. Exhumation is a procedure for post-mortem. The object of the exhumation is to ascertaining the cause of suspected death. The purpose of autopsy is to ascertain the cause of homicidal death. Whereas ascertain the actual offender who murder the victim. The exhumation is not conducting without the prior approval from the magistrate. This procedure is conducting in day light. This procedure is conducting probably in the early morning. It should screen off from crowd. It takes photography of died body. It takes simple even photography of the dead body which is essential for post-mortem analysis.

Authorization & Law (CRPC-176-174): The magistrate of first class is empowered
(U/S.176 CRPC) to allow for the procedure of the exhumation. The police conduct inquiry U/S.174 in case of suicide.

Time Limitation for conduction Autopsy

In India, Pakistan and England there is no limit to conducting exhumation procedure. But in the France law has imposed limit for 10 year for the exhumation. The German law has imposed time limit for 30 years for the exhumation procedure. The court has observed the circumstances of the each case which is essential for it otherwise waiver by the party. Only specific conditions when party waive off otherwise it is the discretion of the court whether reject the medical report of the deceased or not.

Time since death is ascertaining from temperature body. However, it is shaky or hard surface of the body indicate time of death. There are three categories when post mortem analysis is mandatory i.e poising, rape and murder. Whenever no one knows about the suspect death how he is died or from which things or weapon may use to kill him then court allow to conduct autopsy. The plea of appellant of funeral ceremony may not be hold to entertain until autopsy. Today, all the hospitals may not be allowed patient died body from out of the hospital until the doctors ascertain cause of death or they think this death occurring through poising, rape and murder then post-mortem is essential. Mostly, people are not aware of that fact even they shock when doctor has refused to given died body to their legal heirs.

HAVE POST-MORTEM PROVED BY QURAN

Yes, post-mortem analysis has been proved by Quran. All the Muslims who have read the life of prophet (Musa A.S) may memorize the quoted incident of cow. Why Allah almighty may order to slaughter a cow. That is the reason behind, how almighty creating again the human life. A person who was died in the Bani Israel may astonish how he was died?
(Al-Baqarah-Verse-70-73) {Holy Quran} “He [Musa (Moses)] said, "He says, 'It is a cow neither trained to till the soil nor water the fields, sound, having no other color except bright yellow.' "They said, "Now you have brought the truth." So they slaughtered it though they were near to not doing it. ﴾71﴿ And (remember) when you killed a man and fell into dispute among yourselves as to the crime. But Allah brought forth that which you were hiding. ﴾72﴿ So We said: "Strike him (the dead man) with a piece of it (the cow)." Thus Allah brings the dead to life and shows you His Ayat (proofs, evidences, verses, lessons, signs, revelations, etc.) so that you may understand. ﴾73﴿ What is the object of strike the dead man with a piece of cow? Answers: This body tells you how I murder? This is a silent message has been given to the world.

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