G D Goenka University

Inquest Report

Pranav Kataria: 230060403004

Rajalakshmi Shankar Srinivasan: 230060401002
Khushboo: 230060401015

Bharatiya Nagarik Suraksha Sanhita (BNSS)

SLL2706A

School of Law
Mr. Pankaj Awasthi

Date of submission:
14/11/2024
 Inquest Report
Station House Officer, Gurugram, Haryana
Date of Investigation: 13th November,2024
Case No: [Case Number]

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Location: Private Apartment, Sector [Number], Gurugram, Haryana
Time of Discovery: [Time]
Reporting Officer: Inspector [Name]
Deceased Identified as: “Y”
Primary Suspect: “X”

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I. Overview of Incident
The crime scene is a single open apartment accessible by a main door. A trail of footprints
leads from the entrance towards an open balcony, suggesting it was both the point of entry
and exit for the perpetrator. Blood stains and physical evidence throughout the apartment
indicate signs of confrontation and struggle, pointing to a violent encounter between the
deceased, “Y,” and the suspected intruder, “X.”

II. BRIEF DESCRIPTIVE EVALUATION OF THE CRIME SCENE

As per our evaluation in this crime scene it can be apprehended that the perpetrator intruded
the property of the deceased in the search of important documents/intel which was possibly
important to the perpetrator which eventually led to a confrontation between the perpetrator
and the deceased.

III. Evidence Collected

1. Blood Samples:
- Two distinct blood types found at the scene, suggesting the deceased and the
suspect both sustained injuries.
2. Fingerprints:
- Fingerprints on the door handle, laptop,table and workstation.
3. Weapons and Objects:
 - Blood-stained knife in the deceased’s hand.
- Vase with traces of blood near the deceased’s body.
- Various scattered documents, a fallen hard drive, pen drive, laptop which suggests a
search attempt by the suspect.

IV. Analysis and Findings

It is evident that the perpetrator gained entry through the main door of the premises and the
footsteps leading towards the open balcony further states that the perpetrator exited the
premises using the open balcony. It is further evident that the perpetrator had entered the
house with the motive of obtaining some classified/important documents or intel that was in
the possession of the accused/ at the accused residence.
Upon evaluating the crime scene and all the material evidence it can be speculated, that the
deceased person was not visibly present in the premises to the perpetrator, the perpetrator
entered into the house looking for “classified/important document or other important intel,
wherein upon entering X turned to his right and saw the laptop placed on the working table, it
can be apprehended that while X was going through the laptop in his pursuit of obtaining that
intel, Y suspected someone’s presence at his residence and grabbed a knife from the dining
table, (apprehension is based on - fallen knife stand + fallen dining chair + missing knife).
Upon hearing the knife stand fall, X turned and saw Y approaching him, with a knife in his
hand, upon which he grabbed the flower pot placed on the working table and hit Y on his
head. (supporting evidence - blood of Y on flower pot+ blood of Y on the wall and floor)
Upon inspecting the crime scene it is evident that there were signs of struggle near/around the
right side of the entrance with blood stains on the wall as well on the floor. As per the
forensic reports/ findings two different kinds of blood samples were recovered from the crime
scene.
Further as mentioned above there were traces of Y’s blood on the wall to the right of the entry
door, this makes it evident that there was a physical altercation between X & Y, wherein it
can be apprehended that X banged Y’s head on the wall after he hit Y in his head with the
vase (supporting evidence- position of the Y’s body as per the chalk outline).
The second blood traces found on the crime scene make it evident that X was also struck with
the knife during that physical altercation. (supporting evidence-blood on the knife, blood on
the entrance of the house, fingerprint with blood found on table).Further evaluation of the
crime scene makes it evident that X upon being hurt by the knife, still tried to navigate
through the apartment of Y in his pursuit of finding the document/ intel. (supporting
evidence- finger blood stain on the table + scattered documents + fallen pen drive +fallen
chairs+fallen hard drive) the above mentioned are clear signs of struggle by X.
It is suspected that X was in the search of the hard drive which was found under the table, it
will be fair to assume that he missed the hard drive under the table as he was in a state of
panic and was also hurt, following which he left the apartment from the open balcony.

FINDINGS:
 1. Two types of blood samples were found on the crime scene
2. A dead body that was gone for Post-mortem
3. Fingerprints on the door
4. There was Blood on the wall
5. There were Blood splashes on the floor (on the entrance, near the workstation and
near the body as well)
6. There was also a right footprint on the entrance into the house
7. There was a dining area where there was a dining table on which the cutlery stand was
fallen and there was a hard drive fallen under the dining table. The chair of the dining
table was fallen
8. There was a Knife with blood stains on it, present in the right hand of the deceased
and the deceased suffered from Head injury and there were blood stains on the
deceased’s left hand.
9. Right in front of the workstation there was a vase on the ground with blood on the
vase and blood splash just besides the vase
10. Besides the body of the deceased there was a pen drive on the floor
11. There was a workstation on which there was a laptop with fingerprints on the laptop,
another vase was fallen on the workstation and several documents were also scattered
on workstation
12. There was a table on and around which documents were scattered, a bottle was kept
on the table, a buddha artefact was on the table, a thumbprint with blood stain was
also present on the table
13. There was also a chair fallen around the table area near the balcony area and a chair
was fallen near the table also
14. There was a balcony area with an open window, just before which there were two
footprints directed towards the window

V. Conclusion
As per our evaluation in this crime scene it can be apprehended that the perpetrator intruded
the property of the deceased in the search of important documents/intel which was possibly
important to the perpetrator which eventually led to a confrontation between the perpetrator
and the deceased. The encounter resulted in the fatal injury of “Y” and subsequent injury to
“X,” who left the premises in a state of panic. Further forensic analysis of blood samples,
fingerprints, and additional collected evidence is necessary for conclusive identification and
corroboration of the events.

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VI. Recommendations for Further Investigation

1. Post-mortem examination and reports under section 174 of BNSS
2. A Detailed DNA of all blood samples must be conducted to confirm the identity of
“X.”
3. Statement recording all witnesses in connection to the crime
 4. Enhanced fingerprint analysis on all collected surfaces by the forensic department to
establish a clear link between “X” and the scene.
5. Examination of the hard drive, pen drive and all other digital devices recovered to
determine the relevance of any data present that may clarify “X’s” intention.
6. There also must be a technical surveillance for the neighbourhood
7. A background check must be conducted of the deceased regarding the professional
activities, any threats received or violence in the recent past and the nature, relevance
of the documents and the data targeted

VII. Legal Provisions applicable

I. Description:
Collecting forensic evidence in serious crimes is now mandatory to enhance investigation
quality and boost conviction rates. This nationwide implementation empowers states by
improving infrastructure. Moreover, the increased collection of samples and granting expert
exemptions further strengthens forensic procedures.

II. Legal Provision:

Section 176(3)
This section mandates the collection of forensic evidence at the crime scene by a 'forensics
expert' for offenses punishable by imprisonment of seven years or more. The provision
prescribes a five-year period for implementation.
Section 349:
Section 349 expands Magistrates' power to order forensic samples, including fingerprints and
voice samples, from any person upon a written order. BNSS Section 349 and CrPC Sec 311A
both empower first-class Magistrates to order sample collection for investigations, with
BNSS offering a broader scope, including finger impressions and voice samples. Notably,
BNSS allows sample collection without prior arrest, providing more flexibility in comparison
to CrPC 311A.
Section 329:
Section 329 allows the submission of a report by a government scientific expert without
requiring oral testimony in court, expanding categories of exempted experts. While both
BNSS and CrPC include Government scientific experts, BNSS extends its applicability to
"any other scientific expert" specified or certified by the State or Central Government. In
contrast, CrPC limits it to "any other Government scientific expert" specified only by the
Central Government. The BNSS provision allows a broader range of scientific experts to be
involved in legal proceedings.
Section 330:
In BNSS, when any document is filed, its particulars must be included in a list. The
prosecution or accused, along with their advocates, are required to admit or deny the
genuineness of each document within thirty days of supply. The Court, at its discretion, may
relax the time limit, and no expert can be called unless the expert's report is disputed. Both
BNSS Section 330 and CrPC Section 294 outline a similar process for handling documents
filed in court, including the admission or denial of genuineness. However, BNSS 2023
introduces the element of a time limit for admission or denial, along with the provision
regarding expert reports.

[Link]:
BNSS Section 330 simplifies the document admission process by introducing time limits and
restricting expert testimonies unless reports are disputed. Similar to CrPC Section 294, BNSS
offers added flexibility through court discretion, enhancing procedural efficiency.

IV. Inquest report and Examination By Medical Practitioner

Section 196 BNSS (1) When the case is of the nature referred to in clause (i) or clause (ii) of
sub-section (3) of section 194, the nearest Judicial Magistrate empowered to hold inquests
shall, and in any other case mentioned in sub-section (1) of section 194, any Magistrate so
empowered may hold an inquiry into the cause of death either instead of, or in addition to, the
investigation held by the police officer; and if he does so, he shall have all the powers in
conducting it which he would have in holding an inquiry into an offence. (2) Where,— (a)
any person dies or disappears, or (b) rape is alleged to have been committed on any woman,
while such person or woman is in the custody of the police or in any other custody authorised
Power to summon persons. Inquiry by Magistrate into cause of death. 5 10 15 20 25 30 35 40
45 65 by the Magistrate or the Court, under this Sanhita in addition to the inquiry or
investigation held by the police, an inquiry shall be held by the Judicial Magistrate within
whose local jurisdiction the offence has been committed. (3) The Magistrate holding such an
inquiry shall record the evidence taken by him in connection therewith in any manner
hereinafter specified according to the circumstances of the case. (4) Whenever such
Magistrate considers it expedient to make an examination of the dead body of any person
who has been already interred, in order to discover the cause of his death, the Magistrate may
cause the body to be disinterred and examined. (5) Where an inquiry is to be held under this
section, the Magistrate shall, wherever practicable, inform the relatives of the deceased
whose names and addresses are known, and shall allow them to remain present at the inquiry.
(6) The Judicial Magistrate or the Executive Magistrate or the police officer holding an
inquiry or investigation under sub-section (2) shall, within twenty-four hours of the death of a
person, forward the body with a view to its being examined to the nearest Civil Surgeon or
other qualified medical person appointed in this behalf by the State Government, unless it is
not possible to do so for reasons to be recorded in writing.
Explanation. —In this section, the expression "relative" means parents, children, brothers,
sisters and spouse.
Section 194 of BNSS. (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 made 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 Police to enquire and report on suicide, [Link], 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 police officer and other persons, or by so many of them
as concur therein, and shall be forwarded to the District Magistrate or the Sub-divisional
Magistrate within twenty-four hours.
(3) When— (i) the case involves suicide by a woman within seven years of her marriage; or
(ii) 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 (iii) 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 (iv) there is
any doubt regarding the cause of death; or (v) 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 person 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.

Bharatiya Nyaya Sanhita

BNS Section Culpable Homicide Amounting to murder 101. Except in the cases
hereinafter excepted, culpable homicide is murder,–– (a) if the act by which the death is
caused is done with the intention of causing death; or
(b) if the act by which the death is caused is done with the intention of causing such bodily
injury as the offender knows to be likely to cause the death of the person to whom the harm is
caused; or
(c) if the act by which the death is caused is done with the intention of causing bodily injury
to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course
of nature to cause death; or
(d) if the person committing the act by which the death is caused, knows that it is so
imminently dangerous that it must, in all probability, cause death, or such bodily injury as is
likely to cause death, and commits such act without any excuse for incurring the risk of
causing death or such injury as aforesaid.

FACTS ESTABLISHING MURDER

1. Primary Act
- Head injury caused by vase
- Secondary impact against wall
- Death resulting from injuries

2. Circumstances
- Break-in for document theft
- Confrontation with victim
- Escape via balcony

SECTION 101 BNS APPLICATION

Applicable: Clause 3
"Act done with intention to cause bodily injury sufficient in ordinary course to cause death"

Elements Satisfied:
1. Intention: Deliberate strike to head
2. Nature of Injury: Fatal head trauma
3. Knowledge: Head being vital body part
4. Conduct: Continued criminal act post-assault

EVIDENCE SUPPORTING CHARGE

1. Physical- Blood spatter patterns
- Blood-stained vase
- Body position
- Crime scene disturbance
2. Circumstantial
- Planned entry
- Systematic search
- Calculated escape

CONCLUSION
Murder under Section 101 BNS established by:
- Intentional fatal injury
- Nature of weapon used
- Target area (head)
- Post-crime conduct

BNS Section 330 House-trespass and housebreaking & 333 House-trespass after
preparation for hurt, assault or wrongful restraint.
330. (1) Whoever commits house-trespass having taken precautions to conceal such house-
trespass from some person who has a right to exclude or eject the trespasser from the
building, tent or vessel which is the subject of the trespass, is said to commit lurking house-
trespass. (2) A person is said to commit house-breaking who commits house-trespass if he
effects his entrance into the house or any part of it in any of the six ways hereinafter
described; or if, being in the house or any part of it for the purpose of committing an offence,
or having committed an offence therein, he quits the house or any part of it in any of the
following ways, namely:–– (a) if he enters or quits through a passage made by himself, or by
any abettor of the house-trespass, in order to the committing of the house-trespass; (b) if he
enters or quits through any passage not intended by any person, other than himself or an
abettor of the offence, for human entrance; or through any passage to which he has obtained
access by scaling or climbing over any wall or building; (c) if he enters or quits through any
passage which he or any abettor of the house-trespass has opened, in order to the committing
of the house-trespass by any means by which that passage was not intended by the occupier
of the house to be opened; (d) if he enters or quits by opening any lock in order to the
committing of the house-trespass, or in order to the quitting of the house after a house-
trespass; (e) if he effects his entrance or departure by using criminal force or committing an
assault, or by threatening any person with assault; (f) if he enters or quits by any passage
which he knows to have been fastened against such entrance or departure, and to have been
unfastened by himself or by an abettor of the house-trespass. Punishment for intentionally
running vessel aground or ashore with intent to commit theft, etc. Criminal trespass and
house-trespass. House-trespass and housebreaking.
Explanation. —Any out-house or building occupied with a house, and between which and
such house there is an immediate internal communication, is part of the house within the
meaning of this section.
333. Whoever commits house-trespass, having made preparation for causing hurt to any
person or for assaulting any person, or for wrongfully restraining any person, or for putting
any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also
be liable to fine.

APPLICATION OF HOUSE TRESPASS

ESSENTIAL INGREDIENTS
1. Entry
- Unauthorized access through main door
- Footprints at entrance
- No lawful permission

2. Intent
- Entering to steal documents/intel
- Carrying out systematic search
- Targeting specific items (hard drive, pendrive)

3. Criminal Intent
- Pre-planned entry for theft
- Subsequent commission of murder
- Evidence tampering during exit

EVIDENCE
1. Physical
- Footprints at entrance
- Fingerprints on door
- Scattered documents
- Disturbance of property
2. Exit Evidence
- Footprints leading to balcony
- Open balcony window
- Clear escape route

CONCLUSION
Established by:
- Unlawful entry
- Criminal intent
- Commission of cognizable offence
- Physical evidence of trespass

Section 303 of BNS Theft & Section 329 Criminal trespass and house-trespass.
303. (1) Whoever, intending to take dishonestly any movable property out of the possession
of any person without that person’s consent, moves that property in order to such taking, is
said to commit theft.
Theft established by:
- Clear intention to steal
- Movement of property
- Unauthorised taking
- Specific targeting of documents/data
329. (1) Whoever enters into or upon property in the possession of another with intent to
commit an offence or to intimidate, insult or annoy any person in possession of such property
or having lawfully entered into or upon such property, unlawfully remains there with intent
thereby to intimidate, insult or annoy any such person or with intent to commit an offence is
said to commit criminal trespass. (2) Whoever commits criminal trespass by entering into or
remaining in any building, tent or vessel used as a human dwelling or any building used as a
place for worship, or as a place for the custody of property, is said to commit house-trespass.
Explanation. —The introduction of any part of the criminal trespasser’s body is entering
sufficient to constitute house-trespass. (3) Whoever commits criminal trespass shall be
punished with imprisonment of either description for a term which may extend to three
months, or with fine which may extend to five thousand rupees, or with both. (4) Whoever
commits house-trespass shall be punished with imprisonment of either description for a term
which may extend to one year, or with fine which may extend to five thousand rupees, or
with both.
Criminal trespass established by:
 Unauthorised entry
 Criminal intent
 Physical evidence of trespass
 Clear entry-exit pattern

Prepared By:
Station House Officer
Sohna, Haryana