ARRANGEMENT OF SECTIONS
1. Short title
3. Duty to notify death
4. Duty of Chief or Sub-Chief to report
5. Duty of police officers
6. Method of investigation
7. Duty of administrative officer
8. Power to order exhumation
9. Medical practitioner may dissect body
10. Offence to obstruct investigation or examination
11. Venue of inquests
12. Power to subpoena witnesses
13. Evidence to be taken on oath or by affidavit
14. Rules of evidence not to apply
15. Penalty for refusing to answer questions
16. False evidence
17. Evidence: how recorded
18. Duty of presiding officer where crime disclosed
19. Transmission of record to Registrar
20. Duty of Registrar
21. Powers of Director of Public Prosecutions
22. Witness fees and expenses
23. Mine accidents
24. Penalty where body is buried without authority and alternative verdicts
25. Saving of power of arrest
26. Non-commissioned officer may administer oaths
27. President may prescribe fees for medical practitioners
Proc. 38, 1954,
Proc. 51, 1956,
Proc. 77, 1957,
Cap. 34, 1959,
Law 39, 1962,
HMC Order 1, 1963,
Law 40, 1964,
L.N. 84, 1966,
S.I. 36, 1975,
S.I. 10, 1976,
Act 14, 2005,
Act 18, 2006.
An Act to consolidate and amend the law relating to the holding of inquests and matters ancillary thereto.
[Date of Commencement: 3rd September, 1954]
This Act may be cited as the Inquests Act.
In this Act, unless the context otherwise requires-
"magistrate" means any person appointed as Magistrate Grade I or over in accordance with the Magistrates' Courts Act;
"medical practitioner" means any person registered or entitled to be registered or to practise as a medical practitioner in Botswana in terms of the Botswana Health Professions Act;
"presiding officer" means any magistrate holding or about to hold an inquest in terms of this Act;
"Registrar" means the Registrar of the High Court;
18 of 2006, s. 2."State Counsel" means any professional assistant appointed to assist the Director of Public Prosecutions.
(1) It shall be the duty of every person-
(a) who finds the dead body of a person who appears to have come by his death otherwise than from natural causes,
(b) to whom the knowledge of any such death may come; or
(c) to whom any such death is reported,
to notify as soon as possible the finding, knowledge or report, together with any other facts in connection therewith which are known to him, to an administrative officer, or to the person in charge of the nearest police station or police post, or to the nearest Chief or Sub-Chief.
(2) Any person who fails to comply with or contravenes any provision of this section shall be guilty of an offence and shall be liable to a fine not exceeding P100 or to imprisonment for a term not exceeding six months, or to both.
(1) It shall be the duty of every Chief or Sub-Chief who receives a report under section 3(1) to transmit such report forthwith to an administrative officer, or to the person in charge of the nearest police station or police post, together with any other facts in connection therewith which are known to him.
(2) Any Chief or Sub-Chief who fails to comply with or contravenes any provision of this section shall be guilty of an offence, and liable to a fine not exceeding P220 or to imprisonment for a term not exceeding 12 months, or to both.
It shall be the duty of any police officer on receiving
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