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Abstract
PROCEDURAL SAFEGUARDS AND EVIDENTIARY THRESHOLDS: EXECUTIVE MAGISTRATES’ ROLE IN GRANTING POSTMORTEM EXEMPTIONS IN INDIA
Dr. Ankita Sunil Mukhedkar*
ABSTRACT
This article examines the legal framework governing the waiver of postmortem examinations in India. It identifies the authorities empowered to grant waivers (police, magistrates, courts), conditions permitting exemption (natural deaths, pandemics, logistical constraints), and absolute prohibitions (homicides, suicides, custodial deaths). The procedural requirements for waivers—including documentation, alternative evidence, and body-handling protocols—are detailed alongside key considerations for families and healthcare institutions. The analysis underscores that waivers are exception-based, rigorously documented, and prioritize investigative integrity while accommodating humanitarian and public health needs.
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