Section 174 CrPC: Police to enquire and report on suicide, etc

What Section 174 CrPC Says

174. Police to enquire and report on suicide, etc

(1) When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall 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, and stating in what manner, or by what weapon or instrument (if any); such marks appear to have been inflicted.

(2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub-divisional Magistrate.

(3) When—

(i) the case involves suicide by a woman within seven years of her marriage; or

(ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or

(iii) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or

(iv) there is any doubt regarding the cause of death; or

(v) the police officer for any other reason considers it expedient so to do, he shall, subject to such rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless.

(4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub-divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate.

Source: Section 174, Code of Criminal Procedure, 1973

Section 174 CrPC in Simple Words

When Section 174 CrPC Applies

• Under Section 174(1) of the Code of Criminal Procedure, 1973, the officer in charge of a police station or another specially empowered police officer shall act upon receiving information of a suicide, a killing by another person, an animal, machinery, or an accident, or a death under circumstances raising a reasonable suspicion that some other person has committed an offence.
• Unless a State Government rule or a general or special order from the District or Sub-divisional Magistrate directs otherwise, the officer shall go to the body, investigate in the presence of two or more respectable local residents, and prepare a report on the apparent cause of death detailing any injury marks and the weapon or instrument that appears to have caused them.
• Under Section 174(2) CrPC, the inquest report shall be signed by the investigating police officer and by the witnessing persons who agree with it, and then sent to the District Magistrate or the Sub-divisional Magistrate.
• Subject to State Government rules and provided weather and distance allow transport without risk of putrefaction rendering examination useless, the officer under Section 174(3) CrPC shall send the body to the nearest Civil Surgeon or another State-appointed qualified medical man when a woman dies within seven years of her marriage by suicide, in circumstances raising a reasonable suspicion that some other person committed an offence in relation to her, or where any relative of the woman has made a request, or whenever the cause of death is in doubt or the officer considers it expedient.
• Section 174(4) CrPC empowers any District Magistrate, any Sub-divisional Magistrate, and any other Executive Magistrate specially authorised by the State Government or the District Magistrate to hold inquests.

Time Limits Under Section 174 CrPC

• Under Section 174(1) of the Code of Criminal Procedure, 1973, the police officer shall immediately notify the nearest Executive Magistrate empowered to hold inquests upon receiving information of the death.Act text: “he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests”
• Under Section 174(2) CrPC, the signed inquest report shall be forwarded forthwith to the District Magistrate or the Sub-divisional Magistrate.Act text: “and shall be forthwith forwarded to the District Magistrate or the Sub-divisional Magistrate”
• Section 174(3) CrPC uses a period of seven years from the woman's marriage: where she dies within that period by suicide, or in circumstances raising a reasonable suspicion that some other person committed an offence in relation to her, or where any relative of hers has made a request, the police officer shall forward the body for medical examination.Act text: “the case involves suicide by a woman within seven years of her marriage”

Example of Section 174 CrPC

When Section 174 CrPC Does Not Apply

• Section 174(1) of the Code of Criminal Procedure, 1973 does not apply where the police officer receives no information of a suicide, a killing by another person, an animal, machinery, or an accident, or a death under circumstances raising a reasonable suspicion that some other person has committed an offence.
• The duty under Section 174(1) CrPC to proceed to the place of the body and conduct an inquest investigation does not apply when a rule prescribed by the State Government or a general or special order of the District or Sub-divisional Magistrate directs otherwise.
• The requirement under Section 174(3) CrPC to forward the body to the nearest Civil Surgeon or other qualified medical man does not apply if the state of the weather and the distance do not allow forwarding the body without risk of putrefaction on the road that would make the examination useless.
• Under Section 174(4) CrPC, an Executive Magistrate who is neither a District Magistrate nor a Sub-divisional Magistrate is not empowered to hold inquests unless specially empowered in that behalf by the State Government or the District Magistrate.

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