Guidelines
for investigation of Unnatural Death cases
It is
seen as a matter of practice that after the investigation of U.D. cases
registered under section 174 of Cr.P.C. police after conducting the
investigation submits the report to the magistrate who is devoid of any power
to accept or reject the police report further the executive magistrate is not
empowered by the Cr.P.C. to grant any relief to the informant who wants to proceeds
against the conclusion/ report of the police. In most of the cases the family
member even do not know the result of investigation of U. D cases. It is pertinent to note that the provisions are
made in Cr.P.C. where inquest is to be conducted by the Ex. Magistrate on the
information given by police regarding unnatural death. The proceeding conducted
by the magistrate is in addition to the inquest conducted by the police and Ex.
Magistrate is supposed to report its finding to the police.
The
Madras High Court in case of Manohari and others vs DSP Shivgangai Crl. OP
15515 and 11764 decided on 17/09/2018 issued following guidelines for
investigating U.D.cases
a) The Police on receipt of an information
about the suspicious death shall registered an F.I.R under Section 174 of
Criminal Procedure Code and thereafter he can proceed to the scene of
occurrence and prepare an Inquest Report.
b) When a Police Officer receives an
information to the effect that the deceased is lying in a serious condition, he
can rush to the scene of occurrence, in order to see if he can save the victim
and if in case the victim does not survive he can proceed to prepare the
Inquest Report in accordance with Section 174(1) of Cr.P.C, and
thereafter register an F.I.R under Section 174 of Cr.P.C. The Inquest
Report has to describe the wounds, fractures, bruises and other marks of
injuries as are found on the dead body and state in what manner, or by what
weapon or instrument [if any], such marks appear to have been inflicted.
c)The Police Officer shall also prepare a
Rough Sketch of the place of occurrence.
d)The Inquest Report and the Rough Sketch
shall be prepared in the presence of two or more respectable inhabitants of the
neighborhood.
e) The object of the Inquest Proceedings
is merely to ascertain whether a person has died under unnatural circumstances
or an unnatural death and if so, what is the cause of death. The Inquest Report
need not contain details such as how the deceased was assaulted or who
assaulted him or under what circumstances he was assaulted and these facts are
not within the scope of Inquest Proceedings and they fall within the scope of
the investigation to be conducted by the Police.
f)immediately after the preparation of the
Inquest Report in accordance with Section 174(1) of Criminal
Procedure Code, the Police shall submit the same to the Executive Magistrate
under Section 174(2) in order to enable the Executive Magistrate to
hold an independent inquest as contemplated under Section 174(4) of
Criminal Procedure Code.
g) The Executive Magistrate on completion
of the inquest shall submit a report to the Police and such report shall form
part of the investigation conducted by the Police and the Police shall collect
details from such report and conduct the investigation accordingly.
h) The power of the Police to investigate
is in no way stopped or curtailed or interfered with by the inquest held by the
Executive Magistrate and the freedom of the Police to proceed with the
investigation will be left untouched.
i)The Police on the conclusion of the
investigation shall file a Final Report under Section 173(2) of
Cr.P.C only before the jurisdictional Magistrate and not before the Executive
Magistrate. This will apply, in both cases, whether the Final Report is a
positive report or is a Closure Report.
j) If in case the Police proceeds to file
a Closure Report, the victim shall be entitled to be served with a R.C.S notice
in order to enable him to file a protest Petition before the concerned Magistrate.
k) On such protest Petition being filed,
the concerned Judicial Magistrate shall act in accordance with law laid down by
the Hon'ble Supreme Court in Vinay Tyagi .Vs. Irshad Ali, reported in [2013 (5)
SCC 762].
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