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.

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 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 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 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 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 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 meanin