Section 174 of the Bharatiya Nyaya Sanhita (BNS), 2023
⚖️ Section 174 – Investigation of Death Cases by Police
🧾 Purpose of Section 174
Section 174 deals with the procedure when a death occurs under suspicious or unnatural circumstances. It empowers the police to investigate and record facts about such deaths to determine whether a crime has been committed.
📘 Key Provisions of Section 174
Duty to Investigate Deaths
When a police officer receives information about the death of a person in any of the following situations, the officer must investigate:
Unnatural or suspicious death (e.g., death by accident, suicide, or murder).
Death occurring in police custody or prison.
Death where the cause is unknown or unclear.
Death that occurs under mysterious circumstances.
Recording of Facts
The police officer must make a report or register a case.
Conduct an initial investigation by collecting evidence, examining the scene, and questioning witnesses.
If necessary, the officer must send the body for postmortem to determine the cause of death.
Further Action
If, after investigation, the police believe a crime has been committed, they will register a First Information Report (FIR) and proceed according to law.
If it is clear that the death was due to natural causes or accident, and no foul play is involved, the police may close the investigation after recording findings.
Report to Magistrate
The police must inform the magistrate about the death and submit their findings.
The magistrate may order further inquiry or investigation as necessary.
⚠️ Why is Section 174 important?
It ensures prompt and proper investigation of deaths that could involve criminal activity.
Prevents cover-ups or neglect in cases of suspicious death.
Maintains public trust in the justice system by providing transparency.
Ensures that deaths in custody or involving police are scrutinized fairly.
✅ Example
Suppose a person is found dead in a public place with injuries but no clear explanation. The police must:
Register a report under Section 174.
Investigate the scene.
Collect evidence and witness statements.
Send the body for postmortem.
Submit a report to the magistrate with findings.
Decide whether to file a criminal case or close the matter.
🔍 Summary
| Aspect | Detail |
|---|---|
| When Applicable | Deaths that are unnatural, suspicious, or unknown |
| Police Duty | Investigate, collect evidence, report findings |
| Medical Examination | Postmortem to determine cause of death |
| Reporting Authority | Magistrate |
| Purpose | To find cause, register case, and prevent crime |
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