CrPC Section 174: Police Inquiry & Report on Suicide, etc.
1. Code:
Section 174 of the Code of Criminal Procedure, 1973 (CrPC) deals with the police’s duty to inquire into and report on certain events, primarily those related to suicide, unnatural deaths, and other suspicious circumstances.
2. Explanation:
When information is received about the death of a person under suspicious circumstances, or when a person has committed suicide, the police are obligated to take action under Section 174. They must:
- Immediately reach the place of occurrence
- Inquire into the cause of death
- Investigate the circumstances surrounding the death
- Record the information gathered
- Submit a report to the magistrate within the prescribed time frame
This section aims to ensure a thorough examination of such incidents to prevent foul play and protect the interests of justice. The police’s role is not to determine the cause of death definitively but rather to investigate and provide sufficient information to the magistrate for further action.
3. Illustration:
Imagine a scenario where a person is found dead in their home. The police are called to the scene and they observe signs of struggle and injury. Under Section 174, they will conduct an inquiry to gather evidence, interview potential witnesses, and try to ascertain the circumstances of the death. They will then prepare a report for the magistrate, outlining their findings and any suspicions they might have. The magistrate can then decide whether further investigation is necessary.
4. Common Questions and Answers:
- Q: Who can file a complaint under Section 174?
- A: Anyone can file a complaint with the police if they have information about a death under suspicious circumstances or suicide. This could be a family member, friend, neighbor, or any other person with relevant information.
- Q: What happens if the police fail to investigate under Section 174?
- A: If the police fail to investigate or submit a report as required by Section 174, they could face disciplinary action. A person who feels aggrieved can also approach the court to seek redress.
- Q: What are the consequences of filing a false complaint under Section 174?
- A: Filing a false complaint is a criminal offense and can result in legal consequences, including imprisonment.