CrPC Section 128
Section 128 CrPC: Power to Hold Inquests
Text of Section 128:
Magistrate’s power to hold inquests.
(1) When a Magistrate has reason to believe that the circumstances of a case are such that it is desirable to hold an inquiry into the cause of death, he may hold an inquest and make such inquiry in the manner provided by this Code for the examination of witnesses.(2) If the Magistrate holding an inquest has reason to believe that a person has committed an offence in respect of which he is empowered to take cognizance, he shall record the evidence taken during the inquest, and proceed to take cognizance of such offence in the manner provided by this Code.
Detailed Explanation
1. Purpose of Section 128
Section 128 empowers a Magistrate to hold an inquest when there is reason to believe that an inquiry into the cause of a death is necessary. This is essentially a formal inquiry aimed at determining how, when, and where the death occurred, especially when it appears unnatural, suspicious, or requires further investigation.
2. When can an inquest be held?
When a Magistrate believes the circumstances surrounding a death require inquiry.
Usually, this applies in cases of unnatural or suspicious deaths — for example, accidents, suicides, or cases where foul play is suspected.
The inquest is a fact-finding exercise and is not a trial.
3. Procedure during an inquest
The Magistrate holds the inquest by examining witnesses and gathering evidence related to the death.
The procedure is similar to examination of witnesses under the CrPC.
4. Outcome of the inquest
If, during the inquest, the Magistrate has reason to believe that an offence has been committed by some person, and the Magistrate has the power to take cognizance of that offence, he:
Records the evidence collected during the inquest.
Takes cognizance of the offence as per the procedures of the CrPC (i.e., formally initiates the criminal case).
If no offence is found, the inquiry ends with the inquest report.
5. Difference between Inquest and Investigation
Inquest is a preliminary inquiry by a Magistrate to ascertain the facts surrounding a death.
Investigation is a detailed probe conducted usually by the police into the commission of an offence.
An inquest does not determine guilt or innocence; it only establishes facts.
Importance of Section 128
Provides a legal framework for Magistrates to initiate inquiries into suspicious deaths.
Helps in early detection of offences that may have caused the death.
Ensures that deaths are properly scrutinized to prevent cover-ups.
Supports the criminal justice process by preserving evidence and testimonies at the outset.
Summary
| Aspect | Explanation |
|---|---|
| Purpose | Magistrate can hold an inquest into cause of suspicious death. |
| When | When Magistrate believes inquiry into death circumstances needed. |
| Procedure | Examination of witnesses and collection of evidence. |
| If offence found | Record evidence and take cognizance of offence. |
| Nature | Fact-finding, not trial. |
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