When is a post-mortem required in India?
A post-mortem is required when the police or a magistrate need to know how a person died. Understanding the post mortem process in India starts with the inquest, the police inquiry into a sudden or unnatural death.
Under Section 194 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, police must inquire when a person has died by suicide, been killed by another person, an animal or machinery, died in an accident, or died in circumstances suggesting an offence. The BNSS replaced the Code of Criminal Procedure from 1 July 2024, so older articles may still say Section 174 CrPC.
- Road, rail and workplace accidents, falls, burns, drowning and electrocution.
- Suspected poisoning, assault or suicide.
- Sudden death where no doctor can certify a natural cause.
- The death of a woman within seven years of marriage by suicide, or where an offence is suspected. Here the law requires the body to be sent for medical examination.
- Deaths in police or judicial custody.
A peaceful death from a known illness, certified by the treating doctor, does not normally need a post-mortem.
What is a police inquest and what happens during it?
An inquest is the first official inquiry into how a person died. A police officer inspects your loved one, usually where they are, and records the apparent cause of death.
The officer informs the nearest Executive Magistrate. The inquest is carried out in front of at least two respectable local residents, who sign the report with the officer. It notes any wounds, bruises or other marks. The report is sent to the District Magistrate or Sub-Divisional Magistrate within 24 hours.
Some deaths need a magistrate's inquiry as well. Under Section 196 BNSS, if a person dies or disappears in police custody or other lawful custody, the magistrate must hold an inquiry. The body must be sent to a government doctor within 24 hours of death, unless reasons are recorded in writing. Where practicable, the magistrate informs the parents, children, siblings or spouse and lets them attend.
Can a family refuse or waive a post-mortem?
Not in a medico-legal case. The decision rests with the investigating officer or the magistrate, and the family's objection does not stop it.
The BNSS has no form that lets a family waive a post-mortem. Whether one is needed depends on what the inquest finds. If the police are satisfied the death was natural and there is no suspicion, they may not send your loved one for one. Families may share their wishes and any religious concerns with the officer, calmly and early. The officer still decides.
In some cases the law gives no choice at all, such as custodial deaths and certain deaths of women soon after marriage. A clinical autopsy done only for medical study, which is rare in India, needs the family's consent.
How long does a post-mortem take in Delhi NCR?
The examination itself usually takes a few hours. The full process, from inquest to release, often takes most of a day and can run longer. It depends on when the police papers are ready and the mortuary's working hours.
At AIIMS New Delhi, for example, autopsy services run every day. Weekday hours are 9 am to 5 pm, and weekend and holiday hours are 9 am to 1 pm. Inquest papers are accepted until 3:30 pm on weekdays and until noon on weekends and holidays. Other government hospitals in Delhi, Noida, Ghaziabad, Gurugram and Faridabad set their own timings, so ask at the mortuary.
In November 2021 the Union Health Ministry allowed post-mortems after sunset in hospitals with adequate lighting and infrastructure. Night post-mortems must be video-recorded. They are not meant for cases of homicide, suicide, rape, decomposed bodies or suspected foul play, unless there is a law and order situation. Post-mortems for organ donation get priority.
- Ask the investigating officer when the inquest papers will reach the mortuary.
- Keep two adult relatives available to identify your loved one.
- Carry identity proof for your loved one and for the family members present.
What happens at the mortuary on the day?
The investigating officer brings the inquest papers to the duty doctor, who checks them before accepting the case. Relatives and the police then confirm the identity of your loved one. At AIIMS, at least two relatives and the police sign the identification.
The forensic doctor performs the examination. Your loved one is then gently prepared and released to the family, with police clearance. Families sometimes wait outside for hours. Bring water, a phone charger and one calm person who can handle the papers.
Ask the mortuary staff whether your loved one can be wrapped or dressed in a particular way before release, if your tradition calls for it. Many staff will try to help.
- Bring a clean sheet or the clothes your family wishes to use.
- Decide in advance whether your loved one goes home or straight to the cremation ground or burial ground.
- Keep the police clearance and the mortuary's release papers together, as the crematorium may ask for them.
How do you get the post-mortem report?
The report goes to the investigating officer, not directly to the family. Ask that officer for a copy, or ask how to apply for one.
At AIIMS New Delhi, the requesting police officer collects the report, and it is not handed to anyone else. Relatives are advised to get it from the investigating officer or to contact the office of the head of Forensic Medicine. Final reports can take time, especially if samples are sent for chemical or histopathology tests.
You will need the post-mortem report, and often the FIR or police report, for insurance claims, compensation and sometimes for the death certificate. See our guide to paperwork after a death.
How does a post-mortem affect the death certificate?
In medico-legal cases the MCCD may be completed only after the post-mortem, based on its findings. The fact of death should still be reported to the registrar.
If the cause is pending further tests, ask the hospital and the police how the death will be registered in the meantime. Our death certificate guide for Delhi NCR explains registration and corrections.