CrPC Section 174
Detailed Explanation of CrPC Section 174
Section 174 of the Code of Criminal Procedure (CrPC), 1973 deals with the procedure to be followed by the police in cases of unnatural, suspicious, or sudden deaths. It empowers police officers to conduct an inquest (a preliminary investigation) into the cause of such deaths.
Text of Section 174 (Simplified Summary):
"When a police officer receives information that a person has committed suicide, or has been killed by another person or by an accident, or has died under circumstances raising a reasonable suspicion that someone else has committed an offense, he shall immediately inform the nearest Magistrate and proceed to the place to investigate the facts and circumstances of the death."
Key Elements and Explanation:
1. When is Section 174 Applicable?
Section 174 is invoked when a death occurs in the following situations:
Suicide
Homicide (murder or killing by another person)
Death by accident
Death under suspicious or unknown circumstances
Deaths in custody or prison
Deaths of women within 7 years of marriage under suspicious circumstances (especially relating to dowry cases)
2. Duties of the Police Officer:
Inform the nearest Executive Magistrate (usually the District Magistrate or Sub-Divisional Magistrate).
Proceed to the place of death without delay.
Investigate and prepare an inquest report describing:
The apparent cause of death.
The injuries or wounds found on the body.
Any weapons or tools present.
Statements of persons present.
3. Inquest Report (Panchnama):
The police prepare an inquest report (called Panchnama) in the presence of two or more respectable persons (usually local witnesses).
The report must be signed by the investigating officer and witnesses.
The purpose is to determine the apparent cause of death, not to find the guilty person (that comes later under regular investigation).
4. Post-mortem Examination:
If the cause of death is doubtful, or in specific types of cases (e.g., dowry death, custodial death, or death of a woman within 7 years of marriage), the body must be sent for post-mortem examination.
The report of the medical officer becomes a crucial piece of evidence.
5. Role of Magistrate:
If required, the Magistrate may also conduct a judicial inquiry (especially in custodial deaths or dowry-related deaths) under Section 176 CrPC.
6. Limitations of the Inquest:
An inquest under Section 174 is not a full criminal investigation.
It is only meant to determine the cause and manner of death, not to identify or prosecute the offender.
Practical Example:
A man is found hanging in his house. The neighbors inform the police.
The police officer visits the scene, inspects the body, collects witness statements, and prepares a report under Section 174.
Since it appears to be a suicide, a post-mortem is requested to confirm no foul play.
If anything suspicious is found, a full investigation is initiated under regular criminal procedures.
Summary:
Section 174 CrPC empowers the police to conduct an inquest into suspicious, unnatural, or sudden deaths.
The police must inform the Magistrate, visit the scene, prepare a report, and if needed, send the body for post-mortem.
It is a preliminary fact-finding process, not a detailed investigation or prosecution.
Used extensively in suicide, accident, murder, and dowry-related deaths.
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