A woman died within 5 years of marriage under suspicious circumstances. Her parents complained that her in laws used to frequently demand for dowry. Under which of the following sections can a magistrate authorize autopsy of the case?
B i.e. Section 174 Cr Pc Autopsy (in general) should only be conducted when there is an official order authorizing the autopsy. Authorisation (an official order) for a medicolegal autopsy is given by Coroner, police or MagistrateQ. Inquest (in dowry daths) should be conducted by a Magistrate (section 176 (1) CrPC) or police officer not below the rank of Dy SP (deputy superintendent of police). In all cases of unnatural death of a female with in 7 years of marriage or if she is below the age of 30 years, autopsy has been made compulsory (section 174 (3) CrPC) and it has to he carried out by 2 medical officers in cases of death due to burns. So the facts written above make it very clear that both police officer (above Dy SP) and Magistrate can investigate (inqueset) a dowry death case; and both can authorize autopsy. But it is the section 176 (1) CrPC which orders Magistrate inquest (and thus authorizing magistrate for autopsy) ; whereas section 174 (3) CrPC makes autopsy compulsory in every case of dowry death and a death of < 30 years of female.
Section
Section 174 Cr Pc
Section 176 Cr Pc
Section 304 IPC