INVESTIGATION AND INQUIRY INTO UNNATURAL

DEATH, SUICIDE, POLICE CUSTODY

CODE OF CRIMINAL PROCEDURE-I

ASSIGNMENT SUBMITTED TO
FACULTY OF LAW ,UNIVERSITY OF LUCKNOW

FOR THE PARTIAL FULFILMENT OF THE REQUIRMENT IN

LL.B.(HONS.)-5TH SEMESTER (SEC A) SESSION 2022-23

UNDER THE GUIDANCE OF:- SUBMITTED BY:-

PROF. (DR.) RADHEY SHYAM SIR YASHVARDHAN VERMA
FACULTY OF LAW SECTION - A
UNIVERSITY OF LUCKNOW ROLL NO 200013015019
 ACKNOWLEDGEMENT
I, Yashvardhan Verma while preparation of my civil procedural law assignment have taken the
utmost help and guidance of some respected personalities, to whom I want to express my deepest
gratitude, as the completion of this assignment would not be possible without them. This
assignment is necessary task which was needed to be accomplished for complete academic
growth and also for the formalities of academic curriculum.

I would like to show my gratitude to Prof(Dr.) B.D. Singh, Dean & Head Faculty of law,
University of Lucknow, for giving us a good guidance. Now I would like to extend my gratitude
to Prof(Dr.) Radhey Shyam sir, Faculty for Civil Procedural Law who assigned us the topics,
enlightened us with the knowledge, provided with the details.

THANK YOU!!
Contents
CODE OF CRIMINAL PROCEDURE-I........................................................................................1
INTRODUCTION
To maintain harmony and establish resonance in the society, it is required to provide protection
to citizens from every kind of social evils and safeguard their rights. For that purpose, many kind
of measures are taken by State. By bifurcating different kind of offences under civil and criminal
and then providing respective punishment in form of fine, imprisonment is primarily one of
them.
Criminal law collectively consists of both substantive and procedural law. Defining the offences,
prescribing the required punishment is the subject matter of substantive law and procedural law
provides with administration of substantive law.
In India, Criminal Procedure Code 1973 (herein after referred as code) deals with procedural
method i.e. investigation, inquiry, trial of offences under substantive law (e.g. Indian Penal
Code 1860, Dowry Prohibition Act etc.) subject to any enactment for the time being in force
regulating the manner otherwise.1
The prime objective of code is based on the principle of justice, equity for that purpose during
the formation of code some specific points were kept in mind by the formulators and mentioned
in statement of object and reason are as follows2:-
i. Accused should get a free trail in accordance with the accepted principle of natural
justice;
ii. Every effort should be made to avoid delay in investigation and trail;
iii. Provisions made with consideration of poorer section of the community;
Criminal law requires the offender to be punished to achieve the safeguard society; in light of
above with inclusion of other principles of natural justice, it is a fair trail is required.
“Everyone is presumed unless proven guilty.”
It is a main task for any criminal procedural law to define proper provisions for investigation,
inquiry, trail and other proceeding. Because in administration of justice it is required that justice
should not be only done but must also appear to have been done.
Before understanding the Investigation and Inquiry in case of Unnatural Death, Suicide,
Custodial Death (referred as Inquest in section 174,176 of code), we need to understand the
concept of investigation, inquiry and trail in brief.
In most simple words, Trail refers to Judicial determination as to the guilt or innocence of any
person accused of any offence. For the purpose of trial code provides a structured form of
criminal courts in addition to High Courts and Supreme Court. For the purpose of trail a
investigation ( which is not in arena of a magistrate) and a inquiry (by magistrate) is required to
be completed.
1
Section 04, The Code of Criminal Procedure, 1973
2
Statement of objects and reason, Code of Criminal Procedure Bill, 1970
Section 2(g) of code defines inquiry as every inquiry, other than a trial, conducted under the
Code by a Magistrate or Court;
Section 2(h) further states that investigation includes all the proceedings under Code for the
collection of evidence conducted by a police officer or by any person (other than a Magistrate)
who is authorized by a Magistrate in this behalf;

INVESTIGATION
Chapter XII of the code deals with the provisions for investigation by police and inquires. From
section 154 to 176, it deals with the lodging of FIR, information in non-cognizable cases, final
report, steps of investigation. Section 174 to 176, specifically deals with the cases

It was held in Brahm Swaroop and Another v. State of U.P. 3 , that the whole purpose of
preparing an inquest report under section 174, 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 as in what manner or by what weapon or instrument such wounds appear to have
been inflicted. The main object is merely to ascertain whether person died under suspicious
circumstances or met an unnatural death and if so what was the apparent cause.
The proceeding done is with a limited approach as in Shakila Khader v. Nausher Gama,4 it was
held by the Supreme Court an inquest under section 174 is concerned with establishing the cause
of death and only evidence necessary to establish it need be brought out. The proceedings under
this section have a very limited scope. There object is only to ascertain cause of death. An
inquest report need not contain details as to how the deceased was assaulted or who assaulted
him or under what circumstances he was assaulted and their omission is not sufficient to put the
prosecution out of court.
Section 175 provides police officer to summon person in case falling under section 174; this
section authorizes a police officer to summon in connection with investigation those person who
appear to be acquainted with the facts of the case. It is not necessary that the police officer
should record verbatim and separate persons examined by him. All person summoned under this
section shall be bound to answer all questions truly. Refusal to answer questions is punishable
under section 179 of Indian Penal Code.
Object of s. 174.- The report of a Police officer under this section is popularly known as the
"inquest report. This report to be made by the Investigating officer just to indicate the injuries
which he has found on the bodies of the deceased persons. It may be witnessed by one or two
persons , but is not necessary for the Investigating officer to record the statements of such
witnesses or to get such statements signed by them.5
Scope of inquest report.-
3
(2011) 1 Cr. L.J. 306 (S.C.)
4
A.I.R. 1975 S.C. 1324
5
Narpal v. State of Haryana Air 1977 SC 1066
1. The object of a proceeding under s. 174 is limited, viz., to ascertain whether a person had
died under circumstances which were doubtful or an unnatural death; and if so, what was the
apparent cause of the death.6

2. It follows that questions regarding the details, as to how the deceased was assaulted or who
assaulted him or under what circumstances he was assaulted, are beyond the scope of the
report submitted by the Police under s. 1747, so that its value cannot be commented upon nor
the evidence of prosecution witnesses disbelieved on the ground of omission of such
extraneous particulars.8

3. Thus, it is not necessary to examine all the witness to the accident at an inquest and merely
because a witness's name did not appear in the inquest report, it could not be urged that he
was not an eye witness.
But where, in a murder case, the names of 5 accused were mentioned in the inquest report,
and 4 others were omitted and no explanation was offered as to such omission,
this, along with other circumstances, led to the conclusion that the names of the 4 accused
had been added afterwards by the prosecution party on account of enmity.9

4. The whole purpose of holding an inquest is to investigate into and draw upon the report of
the apparent cause of death, describing the wound that may be found on the body and stating
in what manner or by what weapon or instrument, if any, such wounds appear to have been
inflicted. In other words, for the purpose of holding an inquest, it is neither necessary not
obligatory on the part of the Investigating Officer to investigate into or ascertain at that stage
who were the persons responsible for the death.

5. So, the object of the inquest report is only to notice as to whether the death was homicidal
in nature or not, but not for making a note of identification marks of the accused.10

Scope limited-
Investigation under s. 174 Cr.PC. is limited in scope and is confined to ascertainment of apparent
cause of death. It is concerned with discovering whether in a given case, the death was
accidental, suicidal or homicidal or caused by animal and by what manner or by what weapon or
instrument injuries on the body appear to have been inflicted. The details of the overt act need
not be recorded in the inquest report. There is no requirement in law to mention the details of
FIR, nor of the accused nor the name of the eye-witnesses or gist of their statements in the
inquest report nor in the said report required to be signed by the witnesses.11

6
Basit v. State of M.P. 1976 CrLJ 776
7
Pedda Narayan v. State of A.P. AIR 1975 Sc 1252
8
Basit v. State of M.P. 1976 CrLJ 776
9
Balaka v. State of Punjab AIR 1975 SC 1962
10
Ravi v. State AIR 2007 SC 1729
11
Radha Mohan Singh v. State of U.P. AIR 2006 SC 951
It is also not necessary to mention the details of the incident in the inquest report.12
So, non-mention of the names of the assailants in inquest report or the name of witness in the
inquest report is not fatal for trial. Due to non-mention of the name of the accused in inquest
report, it cannot be inferred that the FIR was not in existence when the inquest was prepared.

There is no requirement in law that the I.O. making the inquest should describe in details as to
nature of injuries sustained by the deceased and/ or weapons used. Names of the accused need
not be mentioned therein. Inquest report need not contain the names of all witnesses.

The witness allegedly saw the accused running away from the place near when the dead body
was found. The fact that he did not mention this fact before the police officer holding the inquest
does not detract the credibility of the witness in the trial.

No cognizance on report under s. 174.-

The Police required to submit report under s. 174 before the District Magistrate or Sub-
Divisional Magistrate. It is also required to submit another report before the Judicial Magistrate
under 173(2), if during investigation under s. 174, it is found that an offence has been committed.
But there is no question of Magistrate taking cognizance of an offence on the basis of the report
under s.174.

Evidentiary value of the inquest report.-

1. An inquest report is not substantive evidence but may be used under s. 145, Evidence
Act, for cross-examination, or under as confession of the witnesses examined at the
inquiry.
2. If any witness is examined at the inquest, it will attract section 162 of the Code.
3. Even though the inquest report, prepared under s. 174, Cr.PC, is aimed at serving a
statutory function, to lend credence to the prosecution case, the details of the FIR and
the gist of statements recorded during inquest proceedings get reflected in the report.
The absence of those details in proceedings get reflected in the report. The absence of
those details is indicative of the fact that the prosecution story was still in an embryo
state and had not been given any shape and that the FIR came to be reconled later on
after due
deliberations and consultations and was then ante-timed to give it the colour of
promptly lodged FIR.

Statement in inquest report, its value in trial.

The statements contained in the inquest report as they relate to what the Investigating Officer
saw and found admissible in evidence, but the statements made therein by him on the basis of
12
State of U.P. v. Abdul AIR 1997 Sc 2512
what he heard from others is hit by section 162 Cr.PC

When the witnesses to the inquest report are the alleged eye-witnesses failed to state the names
of the assailants in the inquest report makes their presence at the time when the incident took
place doubtful. In the inquest report, the gist of the FIR or cause of death is usually noted. Such
noting is part of the inquest report and not to be treated as substantive evidence.

Inquest report vis-à-vis post mortem report.

While considering the evidentiary value of the inquest report and post mortem report, the
Supreme Court has observed that the inquest report cannot be termed basic or substantive
evidence being prepared by a police personnel being a non-medical man. It is pointed out that
mere omission in the inquest report of a particular injury or indication therein of an additional
one cannot invalidate the prosecution case. It is pointed out that the post mortem report, which is
a document which by itself is not a substantive evidence, but it is the evidence of the doctor in
the Court based on such report is substantive evidence but not the post mortem report and that
the discrepancy occurring between the inquest report and post mortem report cannot be termed
fatal not even a suspicious circumstances, which would warrant a benefit to the accused.

The inquest report is primarily intended to find out the nature of the injury and apparent cause of
death, whereas the post mortem report certain details of injuries through scientific examination.
Therefore, in case of discrepancy between the post mortem report and inquest report, post
mortem report being an expert opinion and objective finding of an expert carries more weight.
Duties of the Officer in charge.
Section 174 lays down the following duties upon the officer in charge of a Police station on
receipt of information as to an unnatural death etc :

(a). He must inform the nearest Executive Magistrate empowered to hold inquest
(b) In the absence of order to the contrary the Police officer must proceed to the spot and hold an
inquest there.
(c) He must hold inquest in the presence of two or more respectable witnesses of the
neighborhood.
(d) He must then draw up a report as to the apparent cause of death, containing the particulars
mentioned in sub-sec. (1), signed by himself and other persons as concur therein.
(e) He must forward the inquest report to the District Magistrate or Sub-Divisional Magistrate,
without delay.
(f) He should forward the dead body for examination, to the medical man appointed by the State
Government in this behalf, if the state of weather and the distance admit of its being so
forwarded without risk of such putrefaction on the road as would render such examination
useless.

He has discretion not to send the body for such examination where there cannot be any doubt as
to the cause of the death. This discretion, however, is to be exercise prudently and honestly.

Non holding of inquest or post when immaterial.-

When death of twelve persons on account of indiscriminate firing by the accused persons have
been established and dead bodies were recovered from the spot itself and necessary death
certificates were issued by the medical authority, non-holding of inquest or post mortem
examination of the dead body by the doctor is immaterial for the purpose of proving the cause of
death of the deceased persons.

12. Punishment for false report.

A Police officer who gives a false report under section.174, knowing or believing it to be false,
with the intention of screening the offender from punishment would be liable to be punished
under s 201. IPC.

INQUIRY BY MAGISTARTE IN CASE

when the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section
174],
the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-
section (1) of section 174, any Magistrate so empowered may hold an inquiry into the cause of
death either instead of, or in addition to, the investigation held by the police officer; and if he
does so, he shall have all the powers in conducting it which he would have in holding an inquiry
into an offence
4 [(1A) Where,— (a) any person dies or disappears, or (b) rape is alleged to have been
committed on any woman, while such person or woman is in the custody of the police or in any
other custody authorised by the Magistrate or the Court, under this Code in addition to the
inquiry or investigation held by the police, an inquiry shall be held by the Judicial Magistrate or
the Metropolitan Magistrate, as the case may be, within whose local jurisdiction the offence has
been committed.]
(2) The Magistrate holding such an inquiry shall record the evidence taken by him in connection
therewith in any manner hereinafter prescribed according to the circumstances of the case. (3)
Whenever such Magistrate considers it expedient to make an examination of the dead body of
any person who has been already interred, in order to discover the cause of his death, the
Magistrate may cause the body to be disinterred and examined. (4) Where an inquiry is to be
held under this section, the Magistrate shall, wherever practicable, inform the relatives of the
deceased whose names and addresses are known, and shall allow them to remain present at the
inquiry. 3 [(5) The Judicial Magistrate or the Metropolitan Magistrate or Executive Magistrate or
police officer holding an inquiry or investigation, as the case may be, under sub-section (1A)
shall, within twenty-four hours of the death of a person, forward the body with a view to its
being examined to the nearest Civil Surgeon or other qualified medical person appointed in this
behalf by the State Government, unless it is not possible to do so for reasons to be recorded in
writing.] Explanation.—In this section, the expression “relative” means parents, children,
brothers, sisters and spouse

Scope
Under this section when any person dies while in the custody of the police it is obligatory on the
nearest magistrate to hold an inquest. In any other case mentioned in Section 174(1) the
magistrate may hold an inquest either instead of, or in addition to, the investigation held by the
police officer. The relatives of the dead person should, wherever possible, be notifed and allowed
to be present in the inquiry. Upon a direction by the government the magistrate holds an inquiry
under Section 174 and 176 and records evidence and submits a report to the government; while
acting so the magistrate does act as a court and no revision against it will lie.13

In case of B. M. Jade Bhopal singh vs. State of U.P.14 it was held that A joint inquiry by police
and magistrate is prohibited under section 176.
The proceedings under this section are judicial proceeding and the high court exercises its
jurisdiction over such proceeding under sections 397, 401, or under 482.

13
Ismat Sara v. State of Karnataka 1982 Crlj 1076
14
2007