Who will issue Shraddha’s death certificate, and how?

A probe team arrives at the flat at Chhattarpur Hills in Delhi where Shraddha Walkar was killed. Pic/PTI

Who will issue the death certificate of Shraddha Walkar? As her body was chopped up in pieces and scattered, and that only a few mortal remains have been found so far, the point of concern is how a medical report, about the cause and date of death, will be made in the case. mid-day, in a report titled ‘Impossible to find out cause, time, place of death of Shraddha' on November 21 highlighted the issue.

Death certificate (DC) is a crucial legal document that is mandatory for the next of kin to have the testamentary/intestate rights over property/assets left behind by the deceased including bank accounts, insurance and other financial savings.

Process

Supreme Court Counsel Advocate Floyd Gracias told mid-day, "We must understand that every birth and death needs to be registered, as per the rules prescribed under the Birth and Deaths Registration Act, 1969. In case of death due to any reason, there is generally a body that helps ascertain the details. But the situation becomes challenging where there is no body or only the skeletal remains are traced. In such a case, registering the death and getting the death certificate is a task for the next of kin."

Also read: Shraddha Walkar killing: Delhi, MBVV cops spar over missing complaint probe

Shraddha Walkar. Pic/Instagram

"Prior to issuing the certificate, the cause of death needs to be declared by a medical officer within the meaning of Section 10 of the Registration of Births and Deaths Act, 1969 or determined under Section 107 of the Indian Evidence Act. In this case, a medical officer cannot ascertain the cause of death. Hence, only forensic evidence can be used to corroborate the approximate cause, place and time of death," he explained.

He added that the date of death is an important factor for calculating limitations in testamentary and intestate proceedings. "The question is will the agencies approximate a date or note the date of reporting instead? In both cases it would lead to issues. If the date of reporting is taken, it can be argued that it is inaccurate. In case of estimation, succession proceedings may be beyond limitation," he concluded.

Challenges

Balasaheb Daundkar, former director, Maharashtra State Forensic Science Laboratory and an expert in DNA analysis, said that getting a DC in this case will be time consuming and challenging.

"We must understand that an adult human being has around 206 bones, and in this case, the police have so far managed to lay hands on a handful of bones, which may or may not be contaminated. The biggest challenge will be to identify each of the bones recovered, and then to match them through DNA profiling to ascertain the identity of the deceased. If it does not match, the entire prosecution case will fall flat and the accused will get benefit," he said.

When asked who will issue the DC, Daundkar said, "It is the responsibility of the investigating officer to coordinate with the forensic (autopsy) surgeons and FSL and coordinate with them to get the cause, time and place of death, if possible. If obtained, the investigating officer can then assist the family or next of kin to get the DC from the birth and death registration office concerned."

Advocate Shreeprasad Parab, a constitutional expert, said, "The DC of a person, if the body is under investigation by the forensic medical examiner, shall be issued under the Registration of Births and Deaths Act, 1969 by making an application to the registrar along with copies of the report by the forensic medical examiner and the FIR."

He added, "The law of succession in case of intestate death, where a living will is not left behind by the deceased, the DC and legal heirship need to be proved by the next of kin to claim rights over the property/ assets, by obtaining legal heirship certificate from the competent court."

107
Section of the Indian Evidence Act applicable in the case