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WHAT IS A INQUEST?
1. The purpose of an inquest is to establish the cause of death.
2. BOO investigate deaths where the cause is unknown, and it is a court convened as per section 173 of the PR to inquire into cases of unnatural deaths due to suicide, murder, violence, accident or under suspicious circumstances where deaths are sudden or unexplained.
Process
5. Asembling authority must provide detailed instrs for the board, including the nature of info needed and whether a report is needed.
6. The Board has the authority to ask witnesses question to verify the accuracy of their testimony or to uncover additional info.
7. The board can reconvened as directed by the offr who assembled it.
8. All the board’s actions are sent to the assembling offr for review.
1. The COI does not give opinion on the case.
2. The injured person’s CO records opinions on:
(a) Whether the injured person was on duty.
(b) Whether the injured person was to blame.
(c) If there is no evidence about the circumstances of the injury, this must be stated in the proceeding.
(d) Proceeding are sent to the Wg Cdr, who decides if disability or death was attributable to military service and if it occurred on fd service.
(e) The Med Offr records the effect of the injury on the injured person’s service.
(f) For Offrs proceedings are forwarded through prescribed channels to AHQ.
(g) For enlisted personnel, the CO records details in the med history sheet and forwards it to the Med Offr, who includes it in the injured person’s records
3. When an Offr or soldier is injured off duty by a civilian and receives compensation, this will be recd in COI proceeding.
4. A COI is not reqd for injuries from organized games, sports, or physical creation.
The board can be convened by various high-ranking officials
(a) His Majesty
(b) A Minister
(c) Officer commanding the army
(d) Wg Cdr
(e) CO of a Unit
FOR INSTANCE:
1. Rifles or Cont stores are lost or stolen
(a) A COI must be assembled by the Offr Commanding the Army or Wg to investigate the circumstances whenever a wpn or part of wpn, integral to the equipment of a military unit, is lost or stolen which may impose a fine under Sec 137 of PR.
(b) The Offr who assembled the board shall direct it to record an opinion as to the circumstances of the loss and theft.
COI is conducted:
1. when rifles or any cont stores, etc are lost or stolen.
2. when an indl subjected to AA is involved in financial irregularities.
3. when an offr or man whether on or off duty is injured.
4. incidents and offences, breaches of disp:
(a) collective insubordination
(b) MT accidents resulting in death or serious injury
(c) suicide, attempted or suspected
5. POW
6. Lost of secret document
7. Assaults and affrays
INTRODUCTION
1. COI is an assembly of Offrs and personnels tasked with gathering evidence and reporting on a specific incidents, actions or situation often within a military, govt or organizational context.
2. Its composition and authority to assemble are crucial for its function.
3. Clear procedural instructions ensure effective and efficient investigation.
2. Financial Irregularities
(a) An Offr from the accounts department may assist the military COI in cases involving financial irregularities.
(b) This offr provides guidance but does not sit as a member of the board.
Fact finding
(a) To gather and verify facts related to the incidents or issue under investigation.
Accountability
(a) To determine responsibility and accountability for actions or events.
Recommendation
(a) To provide recommendations based on the findings to prevent future occurrences and improve procedures.
CONCLUSION
1. The convening authority is a crucial fig in the mil justice system, responsible for initiating court martial proceedings, appointing members of the court, and reviewing the trial’s outcomes.
2. This role ensures that the process is conducted accordance with mil law.
3. It play a crucial role in maintaining transparency and accountability in governance and organizations.
COIs help uncover the truth, propose necessary reforms, and ensure responsible conduct.
3. Injury to person subject to AA
(a) When an Offr or Tps is injured(except by wounds received in action), a certificate must be issued detailing:
(i) The identity of the injured person.
(ii) The nature, loc and severity of the injury.
(iii) A brief account of the incident, including witness statements.
(iv) The info is forwarded by the Med Offr to the injured person’s CO as soon as possible.
(b) No COI if injury is trivial and unlikely to cause permanent effects, unless deemed necessary under.
(c) A COI will be assembled if:
(i) Injury is fatal or serious.
(ii) Cause of injury is doubtful.
(iii) Duty status at the time of injury is doubtful.
(iv) Through investigation is desirable.
(v) Injury caused by another person’s fault.
INVESTIGATION
1. The board has to gather all the evidence and statement.
2. If necessary, any witness related to the case can be summoned.
3. The COI, questions can be asked to know the truth of the witness so that the authenticity of the evidence can be decided.
4. After completion of COI, all its details are submitted to the concerned authority.