Rajasthan Honour of Dead Body Act, 2023
[Rajasthan Act 21 of 2023] [17th August, 2023]
CONTENTS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
RIGHTS OF DEAD PERSON
3. Right to last rites
CHAPTER III
LIABILITIES OF FAMILY MEMBERS OF THE DECEASED
4. Family members to perform last rites of the deceased
5. Family members to take possession of the dead body
6. Dead body not to be used for remonstration
CHAPTER IV
POWERS OF POLICE OFFICER AND EXECUTIVE MAGISTRATE
7. Power of Police officer to take possession of the dead body
8. Power of Executive Magistrate
CHAPTER V
STORAGE, MAINTENANCE OF DATASET AND DISPOSAL OF UNCLAIMED DEAD BODY 9. Storage of unclaimed dead bodies
10. Videography and Photography of post-mortem examination
11. Protection of Genetic Data Information
12. Data bank
13. Digitalization of data
14. Confidentiality of Information
15. Disposal of unclaimed dead body
CHAPTER VI
OFFENCES AND PUNISHMENTS
16. Punishment for not taking possession of dead body
17. Punishment for remonstration by family member
18. Punishment for remonstration by any person, other than family member 19. Punishment for Disclosure of Genetic Data Information and Confidentiality of Information
20. Punishment for abetment, attempt or conspiracy
CHAPTER VII
MISCELLANEOUS
21. Application of the Code of Criminal Procedure, 1973 22. Act to be in addition to any other law
23. Protection of persons acting in good faith
24. Power to make rules
25. Power to remove difficulties
An Act to provide honour to dead body and uphold its basic human rights in the State of Rajasthan and matters connected therewith and incidental thereto.
BE it enacted by the Rajasthan State Legislature in the Seventy-fourth Year of the Republic of India, as follows:—
CHAPTER I
PRELIMINARY
## Section 1. Short title, extent and commencement.—(1) This Act may be called the Rajasthan Honour of Dead Body Act, 2023.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force on and from the date of their publication in the Official Gazette.
## Section 2. Definitions.—(1) In this Act, unless the context otherwise requires,—
(a) “Code” means the Code of Criminal Procedure, 1973 (Central Act 2 of 1974);
(b) “dead body” means the body of a dead human being;
(c) “District Superintendent of Police” means the police officer in charge of a Police District and includes Deputy Commissioner of Police in a Metropolitan Area;
(d) “family members” means any members who is related to deceased by consanguinity, marriage or through a relationship in the nature of marriage, adoption or any family member living together as joint family;
(e) “last rites” means the disposal of dead body as per the tradition or custom of the community or religion to which the deceased belonged;
(f) “prescribed” means prescribed by rules made under this Act;
(g) “Public Authority” means an authority as may be prescribed by the State Government, from time to time, for performing the last rites of the dead body;
(h) “remonstration” means raising demands or baiting for pursuing any demands to prevent the last rites of a dead body by way of any protest, disobedience, agitation, provocation etc.;
(i) “rules” means the rules made under this Act; and
(j) “State” means the State of Rajasthan.
(2) Words and expressions used herein and not defined but defined in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), Indian Penal Code, 1860 (Central Act 45 of 1860), The Rajasthan Police Act, 2007 (Act 14 of 2007) and The Rajasthan Anatomy Act, 1986 (Act 12 of 1986) shall have the meaning respectively assigned to them in those Codes/Acts.
CHAPTER II
RIGHTS OF DEAD PERSON
## Section 3. Right to last rites.—Without prejudice of any other law for the time being in force, every dead person shall have the right to a decent and timely last rites according to the known and prevailing tradition or custom of the community or religion, as soon as possible.
CHAPTER III
LIABILITIES OF FAMILY MEMBERS OF THE DECEASED
## Section 4. Family members to perform last rites of the deceased.—The family members of the deceased to ensure that the last rites are performed as soon as possible, unless the same is warranted for on account of delay in arrival of the next of kin, any medico-legal reasons or any other exceptional reason.
## Section 5. Family members to take possession of the dead body.—Family member shall take possession of the dead body when handed over by the police or any other public authority or hospital administration, after due compliance of legal procedure provided under this Act or any other law for the time being in force.
## Section 6. Dead body not to be used for remonstration.—The Family member not to, use the dead body for remonstration or give consent to any other person for the same.
CHAPTER IV
POWERS OF POLICE OFFICER AND EXECUTIVE MAGISTRATE
## Section 7. Power of Police officer to take possession of the dead body.—(1) Whenever an Officer-in-charge of the Police Station has reason to believe from personal knowledge or otherwise and taken down in writing that any dead body is being used or likely to be used by unlawful assembly or family members for remonstration, he shall take possession of the dead body and information to this effect, shall be sent immediately to the concerned Executive Magistrate and District Superintendent of Police.
(2) After taking possession of the dead body, the Officer-in-charge of the Police Station shall send the body to the nearest Hospital authorized by the Government to conduct post mortem examinations; if so warranted.
## Section 8. Power of Executive Magistrate.—(1) The concerned Executive Magistrate, after receiving the information under Section 7 shall send the notice, in the manner as may be prescribed, to
the family members of the deceased for the last rites of the dead body.
(2) Whenever an Executive Magistrate is satisfied on a report of a police officer that the family members are not willing to perform the last rites of the dead body, he shall make a conditional order to the family members to perform the last rites of the dead body within 24 hours:
Provided that the Executive Magistrate may extend the time if he is satisfied that family members have sufficient cause for not performing the last rites of the dead body:
Provided further that if the family members do not perform the last rites of the dead body, the last rites shall be performed by the Public Authority.
(3) Whenever the Executive Magistrate has reason to believe that, an unlawful assembly has gathered or is likely to be gathered for remonstration, within his jurisdiction, he may use the power prescribed under Section 129 to 132 of the Code, by issuing an order in writing, stating the grounds of his opinion.
CHAPTER V
STORAGE, MAINTENANCE OF DATASET AND DISPOSAL OF UNCLAIMED DEAD BODY
## Section 9. Storage of unclaimed dead bodies.—The hospital administration shall,—
(a) store the unclaimed dead body under safe conditions in the deep freezer to prevent any decay or damage to the dead body; and
(b) ensure that the bodies are segregated based on gender and are kept in a dignified manner by avoiding piling up as may be prescribed.
## Section 10. Videography and Photography of post-mortem examination.—In every case of custodial death or unclaimed dead body, photographs of the deceased shall be taken and post mortem examination of the deceased shall be videographed in the manner as may be prescribed.
## Section 11. Protection of Genetic Data Information.—The Genetic Data Information of unclaimed dead body shall be obtained through DNA profiling and must be handled carefully and confidentially as the same may be required to trace the identity of the unclaimed dead bodies.
## Section 12. Data bank.—The State Government shall establish a data bank to store the genetic data and biological samples of the unclaimed dead bodies in the manner as may be prescribed.
## Section 13. Digitalization of data.—The State Government shall create a web portal to maintain a district wise digital dataset of death cases for unidentified dead bodies. Such data can be used to tally with the missing person data as per the cases recorded.
## Section 14. Confidentiality of Information.—No unauthorized person shall disclose any information of clinical records related to the deceased to prevent stigmatization and social criticism unless required by the law or it is in the interest of deceased.
## Section 15. Disposal of unclaimed dead body.—When a dead body remains unclaimed, the disposal shall be made in accordance with the provisions of the Rajasthan Anatomy Act, 1986 (Act 12 of
1986).
CHAPTER VI
OFFENCES AND PUNISHMENTS
## Section 16. Punishment for not taking possession of dead body.—Any family member, who does not take possession of the dead body as per the provisions of Section 5, shall be punished with imprisonment for a term, which may extend to one year or with fine or with both.
## Section 17. Punishment for remonstration by family member.—Any family member, who uses the dead body for remonstration or gives consent to any other person for using the dead body for remonstration, shall be punished with imprisonment for a term, which may extend to two years and with fine.
## Section 18. Punishment for remonstration by any person, other than family member.—For any person, other than family members, who uses the dead body for remonstration, shall be punished with imprisonment for a term, which shall not be less than six months, but which may extend to five years and with fine.
## Section 19. Punishment for Disclosure of Genetic Data Information and Confidentiality of Information.—If any authorized person or persons, discloses any kind of Genetic Data Information and Confidentiality of Information, shall be punished with imprisonment for a term, which shall not be less than three years, but which may extend to ten years and with fine.
## Section 20. Punishment for abetment, attempt or conspiracy.—Whoever abets, attempts or conspires to commit an offence under this Act shall be punished in the same manner as if he had himself committed that offence.
CHAPTER VII
MISCELLANEOUS
## Section 21. Application of the Code of Criminal Procedure, 1973.—Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) shall apply to the proceeding under this Act.
## Section 22. Act to be in addition to any other law.—The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force except to the extent the provisions of other laws are inconsistent with the provisions of this Act.
## Section 23. Protection of persons acting in good faith.—No suit, prosecution or other legal proceedings shall be instituted against any person for anything which in good faith is done or intended to be done under this Act or rules made thereunder the provisions of this Act.
## Section 24. Power to make rules.—(1) The State Government may make rules for carrying out the purpose of this Act.
(2) All rules made under this Act shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session for a period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the
session in which they are so laid, or of the session immediately following, the House of the State Legislature makes any modifications in any of such rules, or resolves that any such rule should not be made, such rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
(3) Every rule made under this Act shall be published by the State Government in the Official Gazette.
## Section 25. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order in the Official Gazette, make such provisions, not inconsistent with this Act, as it deems necessary or expedient for removing the difficulty:
Provided that no order under this section shall be made after expiry of three years from the date of the commencement of this Act.
(2) Every notification issued under this section shall, as soon as may be after it is issued, be laid before the House of State Legislature.
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1. Received the assent of the Governor on the 17th day of August, 2023.