Inquest Under CR.P.C

INQUEST UNDER CR.P.
 This expression Inquest occurs in section 174 and Section 176 CrPC
 Literally, it means a legal inquiry.
 Strictly speaking, it has been employed in the CrPC to mean the inquiry held u/s176 by a
competent Executive Magistrate into the cause of an unnatural or suspicious death.
 Loosely, it is also applied to refer to the investigation conducted by a police officer u/s 174
CrPC for the purpose of ascertaining the apparent cause of an unnatural or suspicious death.
Hence, the term, "Inquest" is commonly used to mean either an investigation by the police
u/s174 CrPC or an inquiry by the Magistrate u/s176 CrPC undertaken by them under the Law
to find out the cause of an unnatural or suspicious death.
Section 174 CrPC provides for investigation by police in all cases of sudden, unnatural or suspicious
deaths. The police are empowered to investigate the apparent cause of death –
 In case where a person has committed suicide
 Has been killed by another or by an animal or machinery or by accident,
 Has died under circumstances where there is a reasonable suspicion that some other person
has committed an offence.
Inquest by the Executive Magistrate - When Mandatory:
In the following cases, it is compulsory for nearest Executive Magistrate empowered to hold inquests,
to make an inquiry into the cause of death –
 The case involves suicide by a woman within seven years of her marriage.
 The case relates to the death of a woman within 7 years of her marriage in any circumstances
raising a reasonable suspicion that some other person committed an offence in relation to
such woman.
Inquest by the Judicial Magistrate - When Mandatory:

In the following cases, it is compulsory for the Judicial Magistrate to hold inquests, to make an inquiry
into the cause of death vide section 176 CrPC.
 When any person dies or disappears in police custody or any other custody authorized by
magistrate.
 When rape is alleged to have been committed on any woman in police custody or any other
custody authorized by magistrate
purpose of:
The whole purpose of preparing an inquest report under Sec. 174 (1) CrPC is to investigate into and
draw up a report of the apparent cause of death describing such wounds as may be found on the body
of the deceased and stating in what manner, or by what weapon or instrument, if any, such wounds
appear to have been inflicted. [Jeorge Vs. State of Kerala, 1998 SCC (Cri) 1232]
Inquest – its scope: The proceeding under section 174 CrPC have a very limited scope. The object of
the proceedings is merely to ascertain whether a person has died under suspicious circumstances or
unnatural death and if so what the apparent cause of the death is. The question regarding the details
as to how the deceased was assaulted is foreign. [Podda Narayan vs. State of A.P., AIR 1975 SC 1252
The inquest report cannot be treated as substantive evidence and the same can be looked into for
testing the veracity of the witnesses. [Kuldeep Singh vs. State of Punjab, AIR 1992 SC 1944 =
Inquest is an inquiry into a death the cause of which is unknown
The provision for holding of inquest is contained in Section 174 Cr.P.C. and the heading of the Section
is Police to enquire and report on suicide etc.
In Podda Narayana v. State of A.P. AIR 1975 SC 1252 it was held that the proceedings under Section
174 have a very limited scope. The object of the proceedings is merely to ascertain whether a person
has died under suspicious circumstances or an unnatural death and if so what is the apparent cause of
the death. The question regarding the details as to how the deceased was assaulted or who assaulted
him or under what circumstances he was assaulted is foreign to the ambit and scope of the
proceedings under S. 174. Neither in practice nor in law was it necessary for the police to mention
those details in the inquest report. It is, therefore, not necessary to enter all the details of the overt
acts in the inquest report. Their omission is not sufficient to put the prosecution out of Court.
PREPARED BY
BISWARANJAN PANDA (M.B.A.-LL.M)
ADVOCATE
DISTRICT BAR ASSOCIATION,KEONJHAR
MOB-9438632339
Mail-brpandaadv@gmail.com

Inquest Under CR.P.C

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Inquest Under CR.P.C

Uploaded by

Copyright:

Available Formats

INQUEST UNDER CR.P.

Inquest by the Executive Magistrate - When Mandatory:

Inquest by the Judicial Magistrate - When Mandatory:

You might also like