CrPC Section 174- Police Inquire And Report On Suicide

Suicide is a tragic event that leaves behind deep emotional scars on family, friends, and the larger community. While it marks the end of an individual’s suffering, it also begins a formal process of inquiry by law enforcement to determine the cause and nature of death. Section 174 of the Criminal Procedure Code (CrPC), 1973, plays a critical role in this process by empowering police officers to inquire into and report on suicides and other unnatural deaths.

In this article, we will explore the intricacies of Section 174 CrPC, its relevance in cases of suicide, and the steps that law enforcement agencies are mandated to follow in such situations. Through a close examination of the law, we hope to provide clarity on its objectives and procedures.

The Scope of Section 174

Section 174 of the CrPC, titled "Police to inquire and report on suicide, etc.," sets out the powers and duties of police officers when they receive information about a suicide or any unnatural death. The key objective of this provision is to ascertain the circumstances leading to death and whether there is any evidence of foul play, external causes, or criminal involvement.

Legal Provision of Section 174:

1. When the officer-in-charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-Divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted.
2. The report shall be signed by such officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub-divisional Magistrate.
3. When -
   1. the case involves suicide by a woman within seven years of her marriage; or
   2. the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or
   3. the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or
   4. there is any doubt regarding cause of death; or
   5. the police officer for any other reason considers it expedient so to do, he shall], subject to such rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless.
4. The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub-Divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate.

In simpler terms, Section 174 mandates the police to investigate deaths that are:

• Suicidal
• Homicidal
• Accidental
• Sudden and suspicious (where no apparent cause of death is identified)

This inquiry serves as the groundwork for any further investigation, should the initial findings point to criminal activity.

The Role of Police in a Suicide Inquiry

When a police officer receives information about a suicide, the law requires them to conduct a preliminary inquiry. This inquiry involves visiting the place where the body was discovered, examining the body, and interviewing witnesses, if available.

1. Immediate Visit to the Scene

The police are obligated to visit the scene of the incident as soon as they receive information about the death. It is essential to assess the environment where the deceased was found, as this can provide crucial clues regarding the cause of death. The police officer documents observations, including the condition and position of the body, objects around the deceased, and any suicide note, if present.

2. Examination of the Body

Once at the scene, the officer conducts a visual examination of the body to determine any visible injuries or signs of struggle. This helps in ruling out foul play. In the case of suicide, common signs like marks of hanging, ingestion of poison, or self-inflicted wounds might be present. This visual assessment is critical, as it helps guide the next steps.

3. Recording Statements of Witnesses

Witnesses, such as family members, neighbors, or bystanders, can provide vital information regarding the deceased's recent behaviour, mental state, or possible reasons for the suicide. It’s important to note that witness statements can be valuable in discerning whether the death was truly a suicide or if there are grounds to suspect otherwise.

4. Filing the Preliminary Report

Based on the initial findings, the police officer files a preliminary report. This report provides a summary of observations made at the scene, statements from witnesses, and a conclusion on whether the death appears to be natural, accidental, suicidal, or suspicious. The report is then submitted to the nearest magistrate.

Role of Magistrate in Cases of Suicide

Once the police have completed their preliminary inquiry under Section 174, the magistrate has the authority to order a more detailed investigation if necessary. If the death appears to be suspicious, or if there are complaints from the family or other parties, a magistrate may order a judicial inquiry to determine the exact circumstances of the death.

In cases of suicide, the magistrate's role typically involves reviewing the police report, ensuring that there are no irregularities, and verifying that the death was indeed self-inflicted. If the magistrate is satisfied with the police's findings, the case is closed. However, if foul play is suspected, further inquiries can be ordered.

The Role of Post-Mortem Examinations

In cases where the police are unsure about the cause of death, or where foul play is suspected, a post-mortem examination (autopsy) is ordered. This medical procedure helps in determining the exact cause of death, such as poisoning, asphyxiation, or injury. The post-mortem report can either support the police's initial assessment or raise new questions, potentially leading to further investigation.

Suicide and Mental Health Awareness

While the procedural aspect of Section 174 is crucial for legal and investigative purposes, it is also essential to acknowledge the societal and emotional dimensions of suicide. Police officers handling these cases need to approach the situation with sensitivity, as the families of suicide victims are often in deep distress. Empathy, mental health awareness, and a compassionate approach should complement the legal procedures.

It is also worth noting that law enforcement officials today are increasingly aware of the importance of mental health, both in preventing suicides and in handling suicide cases. Initiatives aimed at raising awareness of mental health issues can help in reducing the stigma around suicide and encourage people to seek help before it’s too late.

Conclusion

Section 174 of the CrPC plays a vital role in the legal process surrounding unnatural deaths, including suicide. The police inquiry is designed to determine the cause and circumstances of death, ensuring that there is no foul play or criminal involvement. While the law provides clear guidelines for police officers, it’s important to balance these procedures with empathy and mental health awareness, recognizing the tragedy that suicide represents.

By combining legal rigour with compassion, law enforcement can help ensure that justice is served while also acknowledging the profound human element involved in every suicide case.