Kerala High Court Directs Sensitization of Executive Magistrates Handling Suspicious Death Inquests
In a recent judgment, the Kerala High Court has issued directions to the State government, emphasizing the need to sensitize Executive Magistrates responsible for inquiries into suspicious deaths under Sections 174 to 176 of the Code of Criminal Procedure (CrPC). The court, in the case of K Krishnan v State of Kerala, agreed that families of the victims should not be kept uninformed about the outcomes of such inquiries. The following directives were issued:
1. In cases registered under Section 174 CrPC that do not result in the filing of a First Information Report (FIR) due to the absence of a cognizable offense, the Executive Magistrate must inform the deceased's relatives about the same.
2. If, during the inquiry under Sections 174 to 176 of the CrPC, the Executive Magistrate receives information regarding the commission of a cognizable offense, they must immediately inform the relevant Judicial Magistrate in accordance with Section 190(c) of the CrPC.
3. The concerned Judicial Magistrate, upon receiving such information, should proceed in accordance with the law.
4. The State government is responsible for ensuring that Executive Magistrates involved in inquiries under Sections 174 to 176 of the CrPC receive appropriate sensitization on relevant subjects.
The judgment was delivered in response to a petition filed by a father seeking an effective investigation into the death of his daughter, who was found hanging in her bedroom. The petitioner alleged that his daughter had been subjected to harassment by her in-laws related to dowry issues. The Court accepted arguments challenging the procedure followed by the police in cases where inquiries were conducted under Section 174 of the CrPC. It ruled that victims cannot be treated as strangers to criminal proceedings and directed Executive Magistrates to inform the deceased's relatives about the outcomes of inquiries, even in cases where no FIR is registered. The Court clarified that such inquiries are fact-finding in nature and do not determine the rights of the parties involved. In this particular case, the Court found sufficient material to suggest the possibility of dowry death or abetment of suicide and ordered the investigation to be handed over to a special team of the Crime Branch.
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TAGS: Kerala High Court directs State government sensitization Executive Magistrates suspicious deaths Code of Criminal Procedure CrPC inquiries Sections 174 to 176 outcomes relatives victims inquests procedures family orders information cognizable offense Judicial Magistrate law sensitized judgment petition effective investigation daughter hanging harassment in-laws dowry District Superintendent of Police unnatural death procedure amici curiae report scope of inquiry fact-finding recommendatory rights of the parties materials positive character negative character closure report prima facie offenses abetment of suicide special team Crime Branch advocates Public Prosecutor State.
