Explain the duties and rights of investigation of the officer-in-charge of a police station in a case of murder, death in accident or suicide, etc.

Question: Explain the duties and rights of investigation of the officer-in-charge of a police station in a case of murder, death in accident or suicide, etc. [DJS, 1989]

Find the answer only on Legal Bites. [Explain the duties and rights of investigation of the officer-in-charge of a police station in a case of murder, death in accident or suicide, etc.]

Answer

Section 174 of the Code of Criminal Procedure is the provision of law in criminal jurisprudence that manages the procedure that the police and the judge need to follow in instances of suicide or other such situations resulting in unnatural deaths. This may include murder, suicide, accidental death, etc.

The investigation of cases of unnatural death is essentially an important function of the Police, as the general public, in most cases, frequently forward allegations of foul play and if the unnatural death occurs within the view or custody of the Police, the things would become very serious.

The unnatural death, as defined under section 174 of the Code of Criminal Procedure, 1973, is that

1. a person has committed suicide, or
2. he has been killed by another, or
3. he has been killed by an animal, or
4. by machinery or
5. an accident or
6. the person has died under circumstances raising a reasonable suspicion that some other person has committed an offence.

The proceedings under Section 174 relating to the inquest report have a very limited scope. The object of the proceedings is to ascertain whether a person had died under the circumstances which were doubtful or unnatural and if so, what is the cause of death.

In Manoj Kumar Sharma v. State [(2016) 9 SCC 1] the Supreme Court has held that

an investigation or an inquiry under Section 174 is entirely distinct from Section 154 of the Code. Sections 174 and 175 afford a complete code in itself for the purposes of inquiries in cases of accidental or suspicious deaths and are entirely different and distinct from investigation under Section 157.

In George v. State of Kerala [(1998) 4 SCC 605], it has been held that the investigating officer is not obliged to investigate, at the stage of the inquest, or to ascertain who were the assailants.

When the officer-in-charge of a Police Station or some other Police officer specially empowered by the state government receives information that a person has suffered an unnatural death, he shall immediately give intimation thereof to the nearest Executive Magistrate (i.e.) the First Information Report empowered to hold an inquest and to other officers, as in the case of sending copies of the First Information Reports, proceed to the place where the body of such deceased person is, 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 stating in what manner or by what weapon or instrument (if any), such marks appear to have been inflicted.

The above proceedings are called “inquest proceedings” under sections 174 and 176 of the Code of Criminal Procedure which shall be conducted by the Investigating Police officer and the Executive Magistrate who conducted an inquiry into the cause of death.

The Act additionally embedded clause 3 to Section 174 in the Code of Criminal Procedure, 1973 to control the expanding occurrences of dowry demises.

This sub-section asserts that if the demise of a married woman is caused within a period of seven years of marriage and if there is any sensible doubt over the demise of the lady that an offence has been committed under Sections 304-B and 498-A of the IPC in such manner, the police officer should send the body for post-mortem analysis by the closest medical officer, over the solicitation made by any relative of the deceased woman.

Clause (3) to section 174 of the code also empowers the police officer to use the power in the opposite sense. It means that if after the due investigation, the police officer is of the opinion that the case was not of dowry death and/or there was no cruel treatment of the deceased, the officer may reject the presumption of dowry death and release any person arrested in that connection.

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