38.6c New Delhi, India, Saturday, August 30, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

SC suggests law on exhumation of dead body [Read Order]

By LawStreet News Network      13 September, 2022 04:10 PM      0 Comments
SC suggests law on exhumation of dead body [Read Statement]

NEW DELHI: The Supreme Court on Monday suggested the Union government to bring a law to deal with the issue of exhumation of dead bodies, since there is no such statute in the country in this regard.

A bench of Justices Surya Kant and J B Pardiwala pointed out the lawful authority for exhumation is contained in Section 176(3) of the Criminal Procedure Code and this activity is permitted for the purpose
of crime detection and other such pressing situations, including suspicion of foul play like homicide, criminal abortion, disputed cause of death, poisoning etc, for the purpose of postmortem examination.

The court's suggestion came in its judgement on an appeal by Mohammad Latif Magrey to hand over the body of his son who was killed in the Hyderpora encounter with police in Srinagar in November, 2021.

The court noted the submission by J&K administration that he was a decent burial in accordance with religious beliefs.

Rejecting the plea, the bench said, "Once buried, a body should not be disturbed. A court will not ordinarily order or permit a body to be disinterred unless there is a strong showing of necessity that disinterment is within the interests of justice. Each case is individually decided, based on its own particular facts and circumstances."

The bench also said after a body has been buried, it is considered to be in the custody of the law, therefore, disinterment is not a matter of right.  

"The disturbance or removal of an interred body is subject to the control and direction of the court. The law does not favour disinterment, based on the public policy that the sanctity of the grave should be maintained," the bench added.

In its judgement, the bench also pointed out India has no legislation relating to exhumation except Section 176(3) of the CrPC. Very few countries are having a legislation in regard to exhumation. One such legislation available is in Ireland. The Union government may consider enacting an appropriate legislation on exhumation so as to tackle the situations like the one on hand, the bench said.

Read Order



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

supreme-court-appoints-two-new-judges-justice-alok-aradhe-and-future-cji-vipul-pancholi
Trending Judiciary
Supreme Court Appoints Two New Judges: Justice Alok Aradhe & Future CJI Vipul Pancholi

SC gets two new judges — Justices Alok Aradhe and Vipul Manubhai Pancholi, with Pancholi set to be CJI in 2031. Oath administered by CJI Gavai.

29 August, 2025 02:23 PM
sc-to-hear-on-monday-pleas-to-extend-september-1-deadline-for-claims-objections-in-bihar-sir
Trending Judiciary
SC to hear on Monday pleas to extend September 8 deadline for claims, objections in Bihar SIR [Read Order]

SC to hear on Monday pleas seeking extension of Sept 8 deadline for filing claims, objections in Bihar voter list revision.

29 August, 2025 02:32 PM

TOP STORIES

sc-restores-mandatory-20-percent-deposit-for-suspension-of-sentence-in-cheque-bounce-case
Trending Judiciary
SC Restores Mandatory 20% Deposit for Suspension of Sentence in Cheque Bounce Case [Read Order]

SC sets aside P&H HC order; rules 20% deposit mandatory for suspension of sentence in ₹8.65 crore cheque bounce case under NI Act.

25 August, 2025 12:35 PM
18-former-judges-write-to-union-home-minister-amit-shah-criticizing-his-remarks-on-justice-b-sudershan-reddy
Trending Judiciary
18 Former Judges write to Union Home Minister Amit Shah, criticizing his remarks on Justice B Sudershan Reddy

18 ex-judges write to Union HM Amit Shah, criticizing his remarks on Justice B Sudershan Reddy, stressing judicial independence and dignity.

25 August, 2025 03:09 PM
sc-stays-investigation-into-firs-against-csds-co-director-sanjay-kumar
Trending Judiciary
SC stays investigation into FIRs against CSDS co director Sanjay Kumar

SC stays probe into FIRs against CSDS co-director Sanjay Kumar over Maharashtra polling data post; says multiple cases show harassment motive.

25 August, 2025 03:14 PM
influencers-indulging-in-commercial-speech-cant-claim-fundamental-right-sc
Trending CelebStreet
Influencers indulging in commercial speech can't claim fundamental right: SC

SC: Influencers making commercial speech can’t claim fundamental rights; must apologize and act responsibly towards community sensitivities.

25 August, 2025 04:18 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email