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Disclaimer / Limitations
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers and/or CRVS legal experts. All efforts were made to ensure the accuracy of the legal analysis, however, if you consider there to be any discrepancies or if there have been changes in the law of the country since our staff last updated the legal analysis, we welcome any additional information or insights. Please contact us via this form.
Medicolegal Death Investigation
Sri Lanka
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Declaration and Notification
Death Registration
Informants
Who is designated primary informant for unnatural or suspicious deaths?
Specified officer of the medical legal system
Recommended Practice based on International Guidelines
Law Source
Sri Lanka
Legal Analysis
Sudden and suspicious deaths may overlap with community deaths or deaths in hospitals. A Form B18 is required to be filled in by an Inquirer into Sudden Deaths and an inquiry is a procedure governed by the Code of Criminal Procedure. The Inquirer into Sudden Deaths (ISD) is appointed by the Ministry of Justice who may often be a lay person. Without a Form B18, a death cannot be registered in practice and Section 39, BDRA details the process of an inquirer sending this certificate to the registrar.
What evidence or documents are required to register death?
Notice of Death and Declaration of Death
Recommended Practice based on International Guidelines
Law Source
Sri Lanka
Legal Analysis
A written declaration of death is required to register a death by family through Form CR2 (CR2 is the Declaration of Death application completed by the family for all types of deaths, normal and sudden). Under Section 31 of the BDRA, only hospital deaths invite the legal obligation on medical practitioners to issue a cause of death (COD) certificate for medically-attended deaths. Generally, Form B33 (Declaration of Death which also contains COD information) is issued by hospitals to families that is required to register a death. For community deaths outside of health facilities, the Gram Niladhari issues form B24. In Medicolegal Death Investigation cases that are sudden and/or unnatural, the Inquirer into Sudden Deaths (ISD) issues Form B18.
Procedure
Death Registration
Incomplete Records, Amendments, and Corrections
Can the death registration record be amended by the registrar in medicolegal cases, after the inquiry has concluded?
Yes except cause of death information
Recommended Practice based on International Guidelines
Law Source
Sri Lanka
Legal Analysis
In Medicolegal Death Investigation (MLDI) cases, where an inquest is conducted and Inquirer Certificate is issued for death registration, Section 53 precludes amendments to "cause of death" information in the register. All other errors on "fact or substance" may be amended by process of the inquirer's written declaration.
Medicolegal Death Investigations
Death Registration
Medicolegal Death Investigations Authority
Does the law clearly state what types of cases must be referred to the MLDI authority and is this in accordance with international guidance?
Yes
Recommended Practice based on International Guidelines
Law Source
Sri Lanka
Legal Analysis
"Any person" or "peace officer" is obligated by law to report any sudden or unnatural death, or death by violence, or death under suspicious circumstances or unknown circumstances.
Medicolegal Death Investigations
Death Registration
Death in custody
Does the law mandate that deaths in custody be referred to the medicolegal death investigation authority and specify who is responsible for notifying the authority?
Yes
Recommended Practice based on International Guidelines
Law Source
Sri Lanka
Legal Analysis
The officer who had custody of deceased person that dies in prison or police custody must inform Magistrate in whose jursidiction the body was found.
Does the law clearly state who is responsible for medically certifying cause of death when deaths are unnatural or suspicious, or otherwise referred to the MLDI authority?
No
Recommended Practice based on International Guidelines
Law Source
Sri Lanka
Legal Analysis
In the case of suspicious or sudden deaths, Section 373(1) of the Code of Criminal Procedure, states that a Magistrate or Inquirer into Sudden Deaths may "if he considers it expedient" refer a case for a post-mortem by a medical officer. The medical officer in such cases then informs the Magistrate or Inquirer into Sudden Deaths of the cause of death. Therefore, medical certification of cause of death is not required for all unnatural or suspicious deaths because it is based upon the discretion of the Magistrate or Inquirer ordering post-mortem examinations.
Medical Certificate of Cause of Death Form
Cause of Death
Form
Is the same form used for all types of deaths, including natural deaths and deaths referred to MLDI?
No
Recommended Practice based on International Guidelines
Law Source
Sri Lanka
Legal Analysis
Form B33 is the MCCD form that is used for all deaths where an MCCD is completed.
Law Source
Transmission of Cause of Death Data
Cause of Death
Transmission of Cause of Death Data
For a death referred to the MLDI system, does the law specify how cause of death information is transmitted to the civil registrar and/or statistics agency?
Yes for transmission of information to civil registrar
Recommended Practice based on International Guidelines
Law Source
Sri Lanka
Legal Analysis
Under Section 39 of Births and Deaths Registration Act, the Inquirer is required to submit the Inquirer's Certificate of Death (Form B18) to the registrar of division who registers the death. The submission of this notice certificate by inquirer should be within 5 days of completion of inquiry. However, note that Form B18 is not an MCCD. If a Judicial Medical Officer completes an MCCD/B33 in an MLDI case, the cause of death information from the MCCD will be given to the Inquirer into Sudden Deaths (ISD). The ISD uses this cause of death information complete Form B18. The registrar enters cause of death information from Form B18 into the death register. Copies of the death register are submitted monthly to the Registrar General (RG). The law does not specify how Form B33 reaches the RG/Statistical agency.
