How to get a copy of a post-mortem report

To get a copy of a post-mortem report, apply in writing to the investigating police officer or to the hospital or forensic medicine department that conducted the examination, with proof that you are a close family member or legal heir. Once the police have filed their report in court, the post-mortem report is part of the court record, and section 230 of the Bharatiya Nagarik Suraksha Sanhita entitles the accused, and the victim's family if represented by a lawyer, to free copies. Expect delays where samples were sent for chemical analysis.

Why a post-mortem happens

Section 194 of the BNSS sets the process for unnatural deaths. When the police learn that a person has died by suicide, been killed by someone, an animal, machinery or an accident, or died in suspicious circumstances, they inform the nearest Executive Magistrate and hold an inquest: they examine the body in the presence of two or more local residents and write a report of the apparent cause of death and the injuries. That inquest report goes to the District or Sub-Divisional Magistrate within 24 hours.

Under section 194(3), the police then send the body for a post-mortem by a government doctor (a civil surgeon or other qualified medical person) where:

• a woman has died by suicide, or in suspicious circumstances, within seven years of marriage;
• a relative of a woman who died within seven years of marriage asks for it;
• there is any doubt about the cause of death; or
• the officer thinks it expedient for any other reason.

Separately, section 196(2) requires a Magistrate's inquiry whenever a person dies or disappears in police or other lawful custody, in addition to the police investigation.

The papers you may need

Several documents come out of this process. For a claim or a case, you usually need more than one:

• The FIR, if one was registered. See how to get an FIR copy online.
• The inquest report, prepared by the police at the scene or hospital.
• The post-mortem report, prepared by the doctor, with the injuries and the opinion on the cause of death.
• The forensic or viscera report, if samples were sent to a laboratory.
• The death certificate, from the local registrar of births and deaths.
• The final police report, once the investigation ends.

Route 1: the hospital or forensic department

Most government hospitals that perform post-mortems release a copy to the family on application. Typically you need:

1. A written application naming the deceased, the date of the examination and the post-mortem number if you have it (it is often written on the body handover slip).
2. Proof of identity and of your relationship to the deceased.
3. In many states, a no-objection note or forwarding letter from the investigating officer.
4. The prescribed copying fee, where one is charged.

Ask the department when the report will be ready. If the doctor has "reserved" the opinion until the chemical analysis comes back, the copy you get first may say so; you will need to ask again for the final opinion.

Route 2: the investigating police officer

The doctor sends the report to the investigating officer. Write to that officer, or the station house officer, asking for a copy for a stated purpose such as an insurance or compensation claim. Keep your application's acknowledgement. If you get no response, write to the Superintendent of Police. Under section 193(3) of the BNSS, the police must also tell the informant or victim about the progress of the investigation within ninety days.

Route 3: the court

When the police file their report (charge sheet) in court, the post-mortem report is among the documents sent with it. Section 230 of the BNSS requires the Magistrate to supply free copies of the police report and accompanying documents to the accused, and to the victim if represented by an advocate, within fourteen days of the accused's appearance. Families who are not parties can apply for certified copies of court records through the court's copying section.

RTI: possible but often slow

For a government hospital, you can file a Right to Information application. While the investigation is running, the information may be refused under section 8(1)(h) of the RTI Act, which protects information that would impede an investigation or prosecution. After the case is filed, RTI requests are more likely to succeed, but the hospital or court routes are usually quicker.

Using the report for claims

• Life and accident insurance. Insurers often ask for the FIR, inquest report, post-mortem report and death certificate. If a document is not yet available, write to the insurer saying you have applied for it, and keep the acknowledgement. If a claim is wrongly rejected, the steps in health insurance claim rejected (grievance, Insurance Ombudsman, consumer commission) apply to other policies as well.
• Road accidents. A motor accident claim, or a claim where the vehicle was never traced, needs the same papers; see the hit and run compensation scheme. Bystanders who took the injured person to hospital are protected by law; see the Good Samaritan law.
• Victim compensation. Families of crime victims may also apply to the Legal Services Authority; see the victim compensation scheme.

If you doubt the findings

If the report misses injuries you saw, or conflicts with what witnesses describe, act quickly. Photograph the body if possible before cremation or burial, write to the investigating officer and the Superintendent of Police setting out your concerns, and consider applying to the Magistrate for further inquiry or a second examination. Under section 196(4), a Magistrate holding an inquiry can even order an interred body to be exhumed and examined. A lawyer can help frame the application.

Sources

• Bharatiya Nagarik Suraksha Sanhita, 2023 (sections 194, 196 and 230)
• Right to Information Act, 2005 (section 8(1)(h)), RTI Online