1[5A. Doubt or dispute whether person claiming body is near relative to be referred to transport of 2[***] Executive Magistrate and body to be preserved pending decision.- (1) If any doubt or dispute arises as to whether a person claiming the body or a deceased person under section 5 is a near relative of the deceased or not, the matter shall be referred 3[* * *] to the Executive Magistrate or such officer as may be appointed in this behalf by the State Government and his decision shall be final and conclusive.
(2) Pending such decision, the authorised officer shall take all reasonable care and steps to preserve the body of the deceased person from decay.]
(2) Pending such decision, the authorised officer shall take all reasonable care and steps to preserve the body of the deceased person from decay.]
Source footnotes
1. Section 5A was inserted by Bom. 44 of 1959, s. 5 (2).2. The words "Coroner or" were deleted By Mah. 45 of 2000, s. 2 (b).
3. The words and figures "in Greater Bombay to the Coroner or an Additional Coroner appointed under the Coroners Act, 1871 and elsewhere" were deleted by Mah. 45 of 2000, s. 2 (a).
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More sections of this act
Section 1 · Short title, extent and commencement.Section 2 · Definitions.Section 3 · Deleted.Section 4 · Power of State Government to authorize officers to act under section 5.Section 5 · Unclaimed dead bodies to be used for therapeutic purpose or anatomical examination.Section 5B · Donation of dead bodies or any part thereof of deceased person to be used for therapeutic and certain other purposes.Section 5C · No authority for removal of body or part thereof when body is entrusted to another only for interment or cremation.Section 5D · Authority to remove body, etc., when body is lying in approved institution.India Code, Government of India. Text fetched 17 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.