Understanding Medico-Legal Autopsy During the Times of COVID-19

Must Read

India’s International ‘Retrospective Taxation’ Regime Vis-a-Vis PCA Rulings in Vodafone and Cairn in 2020

The imposition of retrospective taxation of foreign companies doing business in India has been at the helm of controversy...

What is the Real Estate (Regulation and Development) Act, 2016?

The Real Estate (Regulation and Development) Act, 2016 (“RERA”) is an Act of the Parliament. It seeks to protect...

Should the Exorbitant Amounts Charged for RT-PCR Tests be Refunded?

Introduction A plea has been filed in the Honourable Supreme Court of India seeking a refund of exorbitant amounts charged...

Should CCTV’s be Installed in the Police Station?

Introduction In a recent judgment, the bench led by Justice Nariman issued directions to both the state and Union Territory...

A Legal Analysis of the West Bengal Political Crisis on IPS Deputation

The Ministry of Home Affairs (MHA) has recently summoned three IPS officers of West Bengal (WB). The decision was...

Explained: Postal Ballot for NRIs

At the end of November 2020, Election Commission sent a proposal to the law ministry to amend the Representation...

Follow us

A medico-legal autopsy is as a tool used for investigating sudden, suspicious, criminal, and unnatural deaths. It helps to ascertain the cause of death, the time of death, manner of death and other related information that can be useful in solving the case or documenting the required information of the deceased.

In India, the process starts with an inquest. The Code of Criminal Procedure (CrPC) entails the necessary provisions in Sec 174 of the CrPC and Sec 176 of the CrPC.

To sum up the process, only a legal authority (having jurisdiction) can order a medico-legal autopsy. The police or the magistrate conduct an inquest. A requisition is then handed to a forensic expert who then conducts the medico-legal autopsy. The body is then handed back to the authority.

General Steps 

There exists a protocol to conduct autopsies. The general steps to conduct the procedure include:

1. External Examination

This is the first step and deals with the identification of the body, examination of clothing. It also includes a total examination of the body along with documentation of the observations (injuries, damage)

2. Internal Examination

Internal examination of the body begins with incisions marked on the body (can be ‘I shaped’, ‘Y shaped’, ‘Modified Y shape’) which help dissect it.

3. Removal of Organs

A thorough investigation is a result of an examination of removed organs. Various methods like Virchow method, Letulle method, Ghon method are available for this step. 

4. Determination of:

i) Cause of death

Thorough autopsy determines the cause of death. This is usually determined by the forensic expert that is handling the case.

ii) Manner of death

Based on the report of autopsy received, crime scene study and other investigation findings, the police or the investigator officer determines the manner of death. Medico-legal autopsy provides with essential forensic information, which more than often lead to breakthroughs in criminal investigations.

The need for medico-legal autopsy is clear. It also then creates a need to look into some of the issues that are creating a downward trend of post-mortem investigations.

Prominent Issues About Medico-Legal Autopsies

1) Risky and delicate 

Professionals always handle the procedure, but one cannot deny the fact that sometimes an autopsy carries more than once and often by different professionals. This makes it very difficult for the second professional as a lot of marking and disfigurements have already taken place on the body. It establishes the fact that reassembling of the body is not possible in the same manner as it was brought in, after a thorough and invasive autopsy has already performed on it. A separate analysis for the forensic pathologists cannot produce efficient results.

It is undeniable that it becomes tough to arrive at an accurate decision upon the second autopsy and then to compare with the first one. But, the differences in opinions can cause much harm too, which can derail the investigation.

2) Involvement of religious principles and sentiments

Religious prohibition is an essential factor that restricts the possibility of essential autopsy related steps that may help guide an investigation. For example – in Orthodox Judaism, there is a principle of strict prohibition of disturbing the dead and also organ removal though some leniency is present in cases where such action may save others (to save the innocent).

Followers of Islam to have strong beliefs against any defilement or exposure of the body (considered as disrespect) of the deceased.

3) Maintaining records

Making a report of the autopsy conducted is an essential step. Physical evidence like tissue sections of the body are also an integral part of the forensic investigation derived from autopsy and form a part of the record. 

Therefore, investigations which carry on for a long time, in reopening of cold cases required to understand that the physical evidence is difficult to store and that the lack of such evidence can again hamper investigations.

4) Infectious diseases

In a world that is fighting a pandemic currently, a lot of our day to day life processes are being changed to adapt. Hence, focusing on medico-legal autopsy, it is crucial to acknowledge that being near and contact with dead bodies, and especially with the increasing number of COVID-19 patients is harmful and dangerous.

The possibility of eradication of all such infectious diseases is uncertain (for example- SARS still has no cure). Thus, it highlights the issue of conducting future autopsies and the risk factor involved for the professionals.

As a temporary measure, AIIMS has waived autopsy due to death caused by COVID-19. Adaptation of a futuristic approach is the need of the hour, to incorporate development and cut down the shortcomings of the medico-legal autopsy. 

Virtual Autopsy or Virtopsy 

Virtopsy uses technological aids like CT and MRI to scan the bodies and provide with the specific and accurate result than that of a conventional autopsy. It is a far superior tool in identifying pattern of wounds, fracture patterns, gross tissue injuries. Virtopsy can resolve the shortcomings of the existing medico-legal procedure.

1.) Many examinations possible

Technological advancements have now made it possible to perform many autopsies on the same body. In addition to that, the innovation of ‘virtual-autopsy table’ has aided the process by transforming the data from scans into a 3D image which the professionals can dissect layer-wise through mere gestures. This can help them analyze from different aspects, gain further professional opinions as well as make it available for the medical students for knowledge and practice.

2.) Not in contravention to any religious principles

Lack of physical contact and dissection has ensured that the religious beliefs of individual communities are also protected. Cultures which do not support conventional autopsies can adopt to Virtopsy.

3.) Maintainability of records secured

Easy storage (physical, digital), retrieval, archival of data for future access. 

4.) A solution in dealing with infectious diseases

Bodies that infected, toxic, or even deformed beyond primary reconstruction examined without any fear or danger of any contamination or danger to the life of professionals.

One of the significant drawbacks in the debate about Virtopsy is that they are not cost-effective. In addition to that, the expenses of equipment and personnel are not in every facility’s budget. Therefore, making it imperative to bring  to notice that most of the hospitals have facilities like scanning devices. Also, the incorporation of development takes some time. Technological advancement has helped in creating the path for a futuristic approach of the virtual autopsy. Thus,  aiding autopsy and thus law. Thus, improvement and accuracy in autopsy can only ensure smoother, better and quicker results for investigations.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

Latest News

Calcutta High Court Rejects the Petition Challenging the Bid’s Rejection Filed on Seeking Condonation of Delay Due to Pandemic Interventions in Absence of Satisfactory...

Case: Shiba Prosad Banerjee vs The State of West Bengal and others The Hon’ble Justice Sabyasachi Bhattacharyya of Calcutta High Court on 22nd January...

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by the Petitioners (wife) challenging the...

Calcutta High Court: Deceased’s Wife Has the Sole Right Over His Preserved Sperm; Father Doesn’t Have Any Fundamental Right Over Son’s Progeny Without the...

Case: Asok Kumar Chatterjee vs. The Union of India & Ors. The Calcutta High Court dismissed the petition by the Petitioner (father) on 19th...

Gujarat High Court Allows a Family Suit to Be Transferred From Family Court, Surat to the Family Court, Bhavnagar

The Court directed that in light of the circumstances of the present case, the application of the applicant- wife to transfer the case from...

Telangana HC Grants Two Days to Convey the Decision of Appropriate Notification and Counselling to the Higher Secondary Department

Excerpt In Telangana Republican Party Trp vs The State Of Telangana, on 18 January 2021, Telangana High Court directed the Higher Education Department for passing...

Telangana HC: Applications Have to Be Made Through Online Web Portal “Dharani” for Mutation of Names

Excerpt In P. Manohar Reddy vs The State Of Telangana And 3 Others, on 18 January 2021, Telangana High Court directed that one has to...

Indonesian Spa Therapist Approaches Supreme Court Regarding Illegal Detention Followed by Raid at the Spa

An Indonesian spa therapist has moved to Supreme Court, whilst challenging an HC order which provided relief to the police inspector who was involved in the illegal detention of the spa therapist in a woman’s home which was followed by a police raid at the spa.

Questions of Forgery, Tampering Not Capable of Summary Adjudication Under Article 226 in Delhi High Court’s Jee Marks Case

Questions of fraud, forgery, and tampering require elaborate evidence as per the ruling of the Delhi High Court making it incapable of summary adjudication...

Supreme Court: Urgent and Immediate Reforms Needed in the Legal Education Due To Mushrooming of Law Schools

The Supreme Court, on Saturday, said that there is an urgent need for reforming the legal education in the country as its quality is being affected due to the ‘mushrooming’ of Law Colleges.

Delhi High Court Ruled Disclosure of Interest in Information Sought Under Rti Act Necessary to Establish Bonafides of Applicant

The Delhi HC opined that disclosure of the interest of information is necessary for the information sought under the RTI Act for establishing bonafide...

More Articles Like This

- Advertisement -