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KERALA HIGH COURT
K. Babu, J.
K. Krishnan – Petitioner
versus
State of Kerala and Ors. – Respondents
WP(Crl.) No.1029 of 2022
Decided on 10.7.2023
(A) Criminal Procedure Code, 1973 – Sections 174, 175 and 176 – Crime investigation – Officer who is conducting investigation under Section 174 of Code has power to summon witnesses and to question them – Witnesses are bound to answer all questions truthfully, except those questions which tend to expose them to a criminal charge, or a penalty of forfeiture – In cases where death or rape of a woman is alleged to have occurred in custody, inquiry is to be conducted exclusively by a Judicial Magistrate – Scope of inquiry or investigation under Section 174 of Code is limited – Object of proceedings is merely to ascertain whether a person has died under suspicious circumstances or died of an unnatural death and, if so, what is apparent cause of death – Scope of investigation in a proceeding under Section 154 of Code is very wide and touches on all aspects and all circumstances surrounding the case – Investigation after registration of FIR under Section 154 of Code is an investigation into an offence – In contrast, investigation under Section 174 of Code is an investigation on an inquiry into apparent cause of death. (Paras 12, 14, 18 and 19)
(B) Criminal Procedure Code, 1973 – Section 174 – Inquest report – Report of inquest will in no way interfere with power of Police to investigate – Inquest report prepared by Executive Magistrate will also in no way interfere with freedom of Police to proceed with investigation – Enquiry under Section 174 of Code is very limited and same cannot be equated to investigation under Section 157 of Code – The moment it is revealed that a cognizable offence is committed, FIR registered under caption 174 of Code gets transformed to FIR under Section 154 of Code and scope of investigation thereafter would be under Section 157 of Code – If a cognizable offence is revealed, Investigating Officer has to proceed to investigate under Section 157 of Code in which case report under Section 174(2) of Code will also form part of material to be collected by Investigating Officer. (Paras 21, 23 and 37)
(C) Criminal Procedure Code, 1973 – Sections 154 and 174 – Registration of FIR – Since FIR registered under Section 174 of Code is not an FIR within meaning of Section 154 of Code, registration of a further FIR based on information regarding a cognizable offence is legally maintainable. (Para 38)
(D) Criminal Procedure Code, 1973 – Section 173 – Crime investigation – Victim cannot be treated as an alien or total stranger to criminal proceedings – It must be fair, transparent and judicious, as it is minimum requirement of rule of law – Victim has right to be informed of conclusions of inquiry. (Para 43)
Result: Writ Petition (Criminal) allowed.
JUDGMENT
The petitioner seeks an effective investigation into the death of his daughter Geethu. She married Vipin Chandran on 30.04.2017. Geethu was found hanging in her bedroom on 25.11.2021, where her three-year-old son Ishan Dev was near her. Tirur Police registered Crime No.1304/2021 under the caption 174 of the Code of Criminal Procedure, 1973 (for short ‘the Code’). The proceedings are now pending before the Sub Divisional Magistrate, Tirur. Before her death, Geethu had complained of harassment from the family of Vipin Chandran in connection with dowry and other marital issues. The death occurred within seven years of her marriage. The Police have not included any cognizable offence.
2. The petitioner filed a complaint before the District Superintendent of Police seeking an effective investigation into the matter. He got reliable information that the Police were trying to close the matter as unnatural death.
3. The procedure being followed by the Police in cases where inquiry is conducted under Section 174 of the Code is also under vehement challenge in this proceedings. The concern raised is that as the report under Section 174(2) of the Code does not reach the Judicial Magistrate concerned and is forwarded to the Executive Magistrate, the near relatives of the victim are deprived of the opportunity to challenge the conclusions arrived at in the inquiry. It is submitted that the informants and the near relatives in such cases are kept in the dark regarding the proceedings.
4. Considering the importance of the issue, this Court appointed Advocates Sri. John S. Ralph and Sri. Ranjith B. Marar as Amici Curiae to assist the Court.
5. Heard Sri. Suman Chakravarthy, the learned counsel appearing for the petitioner, Sri. John S. Ralph and Sri. Renjith B. Marar, the learned Amici Curiae and Smt. M.K. Pushpalatha, the learned Public Prosecutor.
Submissions
6. Sri.Suman Chakravarthy made the following submissions: Once an FIR under Section 174 of the Code is registered regarding a case of suicide, registration of a fresh FIR within the meaning of Section 154 of the Code is not required when a cognizable offence is made out during inquiry or after that. The practice followed in the State of Kerala is to register FIR under Section 174 of the Code, and when it is revealed that a cognizable offence is committed, the said FIR is requested to be transferred to the Judicial Magistrate concerned after incorporating the necessary penal provisions. The report contemplated under Section 174 of the Code, which is to be sent to the Executive Magistrate, is not an FIR as contemplated in Section 154 of the Code.
7. Sri. John S. Ralph, the learned Amicus Curiae, made the following submissions:
When information is lodged about suicide, since no cognizable offence mentioned in any of the statutes is reported, the Police Officer cannot register an FIR. In a case of suicide, if the Police Officer gets an information that it is a case of abetment of suicide under Section 306 IPC or a case of dowry death under Section 304-B, both being cognizable offences, he is bound to register an FIR and investigate the matter. In a case of an apparent suicide, if information is received that it is a case of homicide, the Police Officer has to register a case and investigate. In all these situations, the Officer can investigate the case only after registering a crime and sending a report to the Magistrate under Section 157 of the Code. Information regarding a suicide is not information regarding a cognizable offence, and therefore, the Police do not conduct investigation into any offence. The Police only conduct an inquiry regarding the same. When a report of inquiry into the case of unnatural death is submitted before an Executive Magistrate under Section 174 of the Code, the only course open to the Magistrate is to accept it. If the report is submitted before the Judicial Magistrate, the Court can accept, reject or direct the Police to continue investig
(1) Scope of investigation in a proceeding under Section 154 of Cr.P.C. is very wide – In contrast, investigation under Section 174 of Cr.P.C. is an investigation on an inquiry into apparent cause of....
Point of Law : Section 190 of Code reads cognizance of offences by Magistrates.
Distinction between inquiries and investigations under different sections of CrPC; obligation to inform victims about inquiry conclusions if no cognizable offense is revealed.
An FIR must be registered for investigating suspicious unnatural deaths, distinguishing between inquiries under Section 174 Cr.P.C. and criminal investigations under Section 154 Cr.P.C.
Judicial inquiries under Section 176(1A) of the CrPC must be independent of police investigations, addressing wider issues associated with custodial deaths and ensuring proper accountability for poli....
A prior inquiry under Section 174 does not constitute an FIR, hence a second FIR can be registered based on new evidence, permitting continued investigation regardless of jurisdictional issues.
The distinction between information under Section 174 Cr.P.C. and F.I.R. under Section 154 Cr.P.C., and the necessity to frame charges based on the material collected by the Investigating Officer.
Proper filing of FIRs under Section 154 is vital for a valid investigation. Investigations under Sections 174-176 serve a limited purpose, mainly determining apparent causes of death, and cannot subs....
Defective investigations that neglect crucial evidence cannot justify discharge; courts must ensure thorough investigations in cases involving dowry-related deaths.
The judgment establishes the principle that a fair and just investigation is essential for a fair trial, and the defective investigation cannot be a ground for discharge. It emphasizes the obligation....
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