Madras HC issues Guidelines for conduct of Unnatural Death cases u/s 174 CrPC

The Madras High Court has clarified that in cases of unnatural deaths registered under Section 174 of the CrPC, the police cannot close the case by merely submitting a report to the Executive Magistrate. Regardless of whether the investigation yields result, the police is expected to file a Final Report under Section 173 of the Code of Criminal Procedure (CrPC) before the Jurisdictional Magistrate..Justice Anand Venkatesh passed the order after taking note of the routine police practice of closing investigation in such cases without informing the Jurisdictional Magistrate if no offence is made out during the investigation..The Court was informed that in cases where no offence is made out while conducting the inquest under Section 174, CrPC, the police often close the case by submitting a report to the Executive Magistrate..The Court found that such practice is completely wrong and violative of the very scheme of the Code of Criminal Procedure. The Court also noted that when such erroneous practices are followed, complainants are left without closure regarding their case..“By adopting such a procedure, it was noticed that the Final Report does not reach the concerned Magistrate Court within whose jurisdiction the FIR was registered. Therefore, the de facto complainant in all such cases are kept in dark and they are not even aware of the fate of the case. Neither the Executive Magistrate nor the Police informs about the Final Report filed by the Investigating Officer to the de facto Complainant. .In almost all cases registered under Section 174 of Cr.P.C, the victim would have lost his son or daughter or husband or wife or father or mother and other close kith and kin and they will be completely unaware as to the fate of the complaint given by them.“.Section 174, CrPC calls for a police inquest into unnatural deaths including suicides and violent deaths. The object of such inquest is limited to ascertaining whether the person has died an unnatural death and the possible causes of such unnatural death. As reiterated by the Court, the report does not have to deal with how the deceased was assaulted or who was the perpetrator..The inquest report prepared by the police submitted to the concerned Executive Magistrate. The Executive Magistrate is thereafter required to draw up an independent inquest report..However, as reiterated by Justice Venkatesh, the Executive Magistrate’s inquest does not assume a judicial or a quasi-judicial colour. Rather, it can only be considered a part of the police investigation..“… the report [of the Executive Magistrate] by itself given by such Magistrate is more recommendatory and it does not amount to a decision or determination of rights of parties. Such report ultimately will have to be submitted only to the Police. This report will form part of the materials collected by the Police in the course of the investigation. “.Importantly, the Court made it clear that in any case of unnatural death under Section 174, CrPC, a report must be placed before the Jurisdictional Magistrate, regardless of whether an offence was made out in the police investigation..In any case, the police is mandated to prepare a Final Report which is to be submitted to the Jurisdictional Magistrate under Section 173 (2) of the CrPC. This mandate would apply regardless of whether the police find that an offence is made out or not..Bearing this principle in mind, Justice Venkatesh also detailed the procedure to be followed while dealing with cases of unnatural deaths under Section 174, CrPC. The guidelines issued in this regard have been summarised below..– The Police on receipt of an information about the suspicious death shall register an FIR under Section 174, CrPC. Thereafter, he is to proceed to the crime scene and prepare the inquest report..– In exceptional cases, the police can register the FIR after visiting the crime site and preparing the inquest report. For example, such an exception would apply where the victim is not dead at the time of receiving the information but subsequently dies after the police arrive, bringing the case under Section 174..– After the inquest report is prepared by the police, with all prescribed details and in the presence of required witnesses, the same is to be submitted to the Executive Magistrate..– The Executive Magistrate is then to hold an independent inquest as under Section 174 (4), CrPC. The Executive Magistrate’s inquest report would then be submitted to the Police.– Importantly, The power of the Police to investigate is in no way stopped or curtailed or interfered with by the inquest held by the Executive Magistrate and the freedom of the Police to proceed with the investigation will be left untouched..– Further, the Police on the conclusion of the investigation shall file a Final Report under Section 173(2) of CrPC only before the jurisdictional Magistrate and not before the Executive Magistrate. This will apply, in both cases, whether the Final Report is a positive report or is a Closure Report..The Court has also outlined the procedure to be followed where no offence is made out. In such cases, when the Police files a Closure Report, the victim/complainant shall be entitled to be served with a Referred Charge Sheet (RCS) notice..This is so that the complainant can file a protest petition before the concerned Judicial Magistrate. The Magistrate is then expected to act in accordance with the law laid down in Vinay Tyagi v Irshad Ali, which, inter alia, clarifies the law concerning a Magistrate’s power to order further investigation..The Court emphasised that the procedure outlined in its order should be scrupulously followed in all future cases where the FIR is registered under Section 174, CrPC. To this end, the Court has also directed that a copy of the order is circulated among the police by the Director General of Police, Chennai and the Inspector General of Police in various Zones..Read the Order: