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KERALA HIGH COURT
K. Babu, J.
Yahu – Petitioner
versus
State of Kerala – Respondents
WP(Crl.) Nos.1808 of 2025 and 247 of 2026
Decided on 10.4.2026
In WP(Crl.) No. 1808 of 2025
For the Petitioner:Shri. Thareeq Anver, Smt. K.C. Khamarunnisa, Sri. Arun Chand, Shri. Rassal Janardhanan A., Advocates
For the Respondents:Suman Chakravarthy (Amicus Curiae) Advocate, N R Sangeetha Raj PP, Advocate
In WP(Crl.) No. 247 of 2026
For the Petitioner: Shri. T. Ramprasad Unni, Sri. S.M. Prasanth, Shri. Shehin S., Smt. Reshma DASP.
For the Respondents: Suman Chakravarthy, Amicus Curiae, N.R. Sangeetha Raj, PP
IMPORTANT POINT
Enquiry into unnatural death – There is no requirement in law to register FIR for conducting enquiry under Sections 174 to 176 Cr.P.C. to find out apparent cause of death.
Headnote:
Criminal Procedure Code, 1973 – Sections 154 and 174 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Sections 173 and 194] – Enquiry into unnatural death – Objectives of proceedings under Section 174 Cr.P.C. and Section 154(1) Cr.P.C. are distinct and different – Enquiry under Section 174 Cr.P.C. is limited in scope and is confined to ascertaining apparent cause of death – This should not be equated with investigation into a cognizable offence under Sections 160 and 161 of Cr.P.C. – Procedure under Section 174 Cr.P.C. is for the purpose of discovering apparent cause of death – There is no Final Report/Police Report under Section 174(2) Cr.P.C. – Report to be submitted before Sub-divisional Magistrate cannot be treated as positive or negative – It only contains apparent cause of death – There is no requirement in law to register FIR for conducting enquiry under Sections 174 to 176 Cr.P.C. to find out apparent cause of death – Information under Section 154(1) Cr.P.C. is unqualified – If any information disclosing a cognizable offence is laid before officer-in-charge of police station, he has no option but to register a case and proceed in accordance with CrPC. (Paras 9, 18, 21, 24 and 33)
Result: Writ Petition allowed.
JUDGMENT :
K. Babu, J.—The petitioners in these Writ Petitions seek a direction to conduct an investigation under the supervision of higher police officials. In both cases, the Police registered FIRs under Section 173 of the Baratiya Nagarik Suraksha Sanhita, 2023 (BNSS for short) (Section 154 Cr.P.C.) and submitted them before the concerned Sub-Divisional Magistrate as part of the enquiry into the apparent cause of death of the deceased. The deceased in WP(C) No.1808 of 2025 was found hanging at his rented residence on 03.08.2025. The dead body of the deceased in WP(C) No.247 of 2026 was found floating in the sea about 25 nautical miles west of Kochi coast on 13.10.2025.
2. The learned counsel for the petitioners submitted that no FIR is required to be registered under Section 173 of the BNSS by the Police upon receipt of information regarding an unnatural death, and that the police officer is only required to intimate the Executive Magistrate about the receipt of such information. In Kerala, the practice is that such information is furnished by the Police to the Executive Magistrate in the form used for registering FIRs in cognizable offences. The learned counsel further submitted that when a police officer receives specific information from an informant giving him reason to suspect that the death is homicidal, an FIR within the meaning of Section 173 of the BNSS is to be registered, simultaneously intimating the Executive Magistrate about the apparent cause of death.
3. This Court appointed Sri. Suman Chakravarthy as Amicus Curiae.
4. Heard the learned counsel for the petitioners, the learned Public Prosecutor and the learned Amicus Curiae.
5. The learned Amicus Curiae submitted that when the officer-in-charge of a police station receives information regarding an unnatural death for the purpose of conducting an enquiry under Section 174 Cr.P.C. (Section 194 of the BNSS), no FIR within the meaning of Section 154 Cr.P.C. (Section 173 of the BNSS) is required to be registered. The learned Amicus Curiae submitted that it is not the practice in many States in India to register an FIR initially in cases of unnatural death. The learned Amicus submitted that in the State of Karnataka, a UDR (Unnatural Death Report) case is initially registered and a report, along with the inquest report, is sent to the Executive Magistrate. When a cognizable offence is revealed, the proceedings in the UDR case come to an end, an FIR is registered, and the UDR proceedings merge with the police investigation under Chapter XII of the Cr.P.C. The learned Amicus submitted that the report of investigation regarding the apparent cause of death is to be submitted by the police in KPF Form No.72 of the Police Manual. According to the learned Amicus, an FIR under Section 154 r/w Section 157 Cr.P.C. need not be registered for commencing an enquiry regarding unnatural death in the course of ascertaining the apparent cause of death. The learned Amicus submitted that the inquest report number (not the FIR number) is to be entered in Column 11 of the FIR registered under Section 154 r/w Section 157 of the Cr.P.C. The learned Amicus further submitted that this makes it evident that the present practice of registering FIRs under Section 154 read with Section 157 of the Cr.P.C. in the course of enquiry regarding the apparent cause of death is to be avoided. The learned Amicus submitted that the “investigation” contemplated under Section 174 Cr.P.C. is not an investigation into a cognizable offence, but only an enquiry into the apparent cause of death. The learned Amicus submitted that the investigation within the meaning of Section 154 Cr.PC is the investigation into a cognizable offence.
6. The learned counsel for the petitioners relying on Radhamma v. Director General of Police [2025 KHC Online 2052] submitted that the report prepared under Section 174 Cr.PC is to be submitted before the Jurisdictional Judicial Magistrate and not before the Executive Magistrate.
7.
