inquest report crpc

Neither in practice nor in law it is necessary for the person holding the inquest to mention all these details. is only to notice as to whether murder committed was homicidal in nature or not. Since Section 174 is very limited in its scope, therefore it is restricted to the suspicious circumstances that caused the unnatural death of a person and the magistrate has no scope or authority under this section to trace the person who has so caused the death. dies normally, at that point there lies no doubt in order to the demise of the individual. Section 304-B of IPC says that if the death of a woman is caused by such bodily injury or otherwise than under normal circumstances or if she is subjected to cruelty or harassment for demand of dowry and if such death or act of cruelty is caused within seven years of marriage, then the husband or his relative will be deemed to have caused her death. . So don’t confuse inquest with investigation even though it started after filing of FIR. The death maybe caused by any reason as mentioned in the Section 174 (1) of CrPC. State of U.P., [2006 (2) SCC 450]. So, now a person cannot be arrested for making an attempt to commit suicide and thereby no FIR. In the event that an individual bites the dust or dies because of unnatural conditions, the state is obliged to recognize the reason for death and if there lies a doubt with regards to the reason for death, the state must find a way to rebuff the accused. Since the passing of judgement, lot of people are talking about Inquest procedure and its scope. Physical evidence includes fingerprint, blood, etc. There have been a few endeavours to expel Section 309 of the IPC yet the endeavours appeared to have fizzled[1]. In the report, the magistrate must describe the apparent cause of death where he shall describe the smallest of details that he comes across upon investigation of the dead body. Section 174 sets out the obligations that a judge must do upon intimation by the police officer in charge of the instances of unnatural death. On completion of the report, the magistrate must get such report signed by the police officer who informed him of the death and the other persons as well who were part of the investigation. The reason is not far to seek. Since Section 174 is very limited in its scope, therefore it is restricted to the suspicious circumstances that caused the unnatural death of a person and the magistrate has no scope or authority under this section to trace the person who has so caused the death. When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any); such marks appear to have been inflicted. The PO/magistrate need not examine all the witnesses while performing investigation for an unnatural death. Whenever there is a death of a person in abnormal circumstances, the situation calls for police intervention. [i] https://thelawblog.in/2020/08/19/no-transfer-of-investigation-under-section-406-crpc-cbi-investigation-need-of-the-hour-understanding-the-rhea-chakrabortys-case/, [ii] https://indiankanoon.org/doc/411677/. The officer will undoubtedly inform the closest Magistrate who is enabled to hold investigations under the CrPC or any other relevant law when he gets data with respect to the unnatural demise of an individual. If the police are reluctant to file a FIR, then a private complaint with the judicial magistrate court under Section 156(3) of the Code of Criminal Procedure can be made and the magistrate may direct the police to investigate and lodge a FIR. Oops! Now with the incoming of The Mental Healthcare Act, 2017, attempting suicide is no longer a crime in India. It will lead to the report being held unsustainable[4]. The problem lies not in discussing but having a discussion based on wrong understanding of the inquest procedure. Bhajan Lal vs State of Haryana, (1992 Supp. If the facts of the inquest are mentioned in the report, it shows the true version of the occurrence has been given therein. is concerned with establishing the cause of death and only evidence necessary to establish it need be brought out. The other commences with the inquest proceedings and ends with filing of inquest report by the Police Officer before District Judge or SDM or by the Magistrate himself. The report must be then forwarded to the District Magistrate or the Sub-divisional Magistrate[6].

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