Chapter XII

Information to the police and their power to investigate

154. Information in cognizable cases.

First Information of report

I. This is the information relating to the commission of a cognizable offence,

II. if it is given orally to an officer in charge of a police station, shall be reduced
to writing by him or under his direction, and be read Over to the informant;
III. if it is given in writing or reduced to writing as aforesaid, shall be signed by
the person giving it, and
IV. the substance of that information shall be entered in a book to be kept by
such officer in such form as the State Government may prescribe in this
behalf,
V. A copy of the information as recorded shall be given forthwith, free of cost,
to the informant.

Refusal to record the FIR

Person aggrieved may send the substance of such information, in writing and by
post, to the Superintendent of Police.

If SP satisfies that such information discloses the commission of a cognizable

offence,-

 He shall either investigate the case himself, or

 direct an investigation to be made by any police officer subordinate to him,
in the manner provided by this Code,
 And such officer shall have all the powers of an officer in charge of the
police station in relation to that offence.

FIR and Offence against the woman-

If Information is not related to cognizable offence:-

155. Information as to non- cognizable cases and investigation of such cases.

I. When information is given to an officer in charge of a police station of the

commission of a non- cognizable offence,
II. Such offence is committed within the local limits of such police station,
III. Officer in charge of a police station shall enter or cause to be entered the
substance of the information in a book to be kept by such officer in such
form as the State Government may prescribe in this behalf, And
IV. Officer in charge of a police station shall refer the informant to the
Magistrate.

Note-

 No police officer shall investigate a non- cognizable case without the order
of a Magistrate, who is having power to try such case or commit the case for
trial, and
 If any police officer receiving the order for investigation, may exercise the
same powers in respect of the investigation as an officer in charge of a
police station may exercise in a cognizable case.
 But he has not the power to arrest the person without warrant.

Important Points

 Where a case relates to two or more offences of which at least one is

cognizable and rest are non-cognizable, the case shall be deemed to be a
cognizable case.
 Investigation power

a. In cognizable case

156. Police officer's power to investigate cognizable case.

I. Any officer in charge of a police station may investigate any cognizable case
without the order of a Magistrate, which a Court having jurisdiction over the
local area within the limits of such station would have power to inquire into
or try under the provisions of Chapter XIII.
II. Investigation proceeding cannot be questioned at any stage on the ground
that the case was one which such officer was not empowered under this
section to investigate.
III. Any Magistrate empowered under section 190 may order such an
investigation as above- mentioned.

157. Procedure for investigation preliminary inquiry.

(1) If an officer in charge of a police station has reason to believe that-

I. There is suspect the commission of an offence by information or otherwise,

and
II. he is empowered to investigate under section 156,

He shall take the following step-

1. he shall forthwith send a report of the same to a Magistrate empowered to

take cognizance of such offence upon a police report, and
2. he shall proceed in person to the spot,
 to investigate the facts and circumstances of the case, and
 if necessary, to take measures for the discovery and arrest of the offender;
Or
3. he shall depute one of his subordinate officers to proceed, to the spot, for the
same not being below such rank as the State Government may, by general or
special order, prescribe in this behalf,
If information is not of a serious nature-

(a) when information as to the commission of any such offence is given against
any person by name, and
(b) that case is not of a serious nature
(c) the officer in charge of a police station need not proceed in person or depute
a subordinate officer to make an investigation on the spot;

Insufficient Ground for Investigation

 If it appears to the officer in charge of a police station that there is no

sufficient ground for entering on an investigation, he shall not investigate the
case.

Next Step-

In each of the cases where police officer does not proceed to on the spot and not
interested for investigation due to insufficient ground-

i. the officer in charge of the police station shall state the reason in his
report that why he has done so, and,
ii. In the case of insufficient ground, the officer shall also forthwith notify
the fact to the informant, if any, that he will not investigate the case or
cause it to be investigated, in such manner as may be prescribed by the
State Government.

158. Report how submitted.

1. Every report sent to a Magistrate under section 157 shall be submitted

through such superior officer of police as the State Government appoints in
this behalf.
2. Such superior officer may give such instructions to the officer in charge of
the police station as he thinks fit, and
3. He shall, after recording such instructions on such report, transmit the same
without delay to the Magistrate.
159. Power to hold investigation or preliminary inquiry

1. On receiving the report under section 158, the Magistrate may direct an
investigation, or
2. if he thinks fit, at once proceed, or depute any Magistrate Subordinate to him
to proceed, to hold a preliminary inquiry into, or
3. Otherwise the magistrate may to dispose of the case in the manner provided
in this Code.

If the police officer seems that there is sufficient ground

regarding the commission of offence :-
 He will go to the incident place,
 He will take the necessary action to arrest the accused person as per the
chapter-V (special section 56),
 He may require the attendance of any person before himself who is familiar
with the incident.

160. Police officer's power to require attendance of witnesses.

(1) If the investigating office seems that any person is familiar with the fact and
circumstances of the case, such police office may require the attendance of that
person before himself by order in writing.

2. But that person resides within the limit of that police station or adjoining area.

3. The person is bound attend as so required.

Provided that:-

Male person under the age of fifteen years (15 years) or woman shall not be
required to attend at any place other than their residence.

(It means the police officer will take the statement of such person to go to their
residence. They are not suppose to appear at any other place)
(2) The State Government may, by rules made in this behalf, provide for the
payment by the police officer of the reasonable expenses of every person,
attending under sub- section (1) at any place other than his residence.

Statement during the investigation:-

161. Examination of witnesses by police.

(1) The IO may examine orally any person supposed to be acquainted with the
facts and circumstances of the case.

Note:- Any police officer not below such rank as the State Government may
prescribe in this behalf by general or special order, also examine the person
familiar with the fact on the requisition of such officer.

(2) The person who is familiar with the fact shall be bound to answer truly all
questions relating to such case put to him by such officer.

But if the answer of any question is having the tendency to expose him to a
criminal charge or to a penalty or forfeiture, he is not bound to answer of that
question.

(3) The police officer may reduce into writing any statement made to him in the
course of an examination under this section; and

If he does so, he shall make a separate and true record of the statement of each
such person whose statement he records.

Evidentiary Value of Statement Made U/S 161

162. Statements to police not to be signed: Use of statements in evidence.

I. If any statement has been made by a police officer in the course of an

investigation under this Chapter, and
II. Such statement is reduced to writing,
III. Such statement shall not be signed by the person making it;
IV. Nor it shall be used for any purpose whether it is recorded in a police diary
or otherwise.

Exception:-

 When that person is called for the prosecution in such inquiry or trial as a
witness and,
 Such statement is proved,
 The accused may use to contradict the witness under 145 of the Indian
Evidence Act, 1872, and
 With the permission of the Court, the prosecution may also use for the same.

Note:- any part of statement may also be used in the re-examination of such
witness, but for the purpose only of explaining any matter referred to in his cross-
examination.

The statement also may be used under following section-

I. clause (1) of section 32 of the Indian Evidence Act, 1872

II. section 27

Explanation- An omission to state a fact or circumstance in the statement referred

to in sub- section (1) may amount to contradiction if the same appears to be
significant and otherwise relevant having regard to the context in which such
omission occurs and whether any omission amounts to a contradiction in the
particular context shall be a question of fact.
163. No inducement to be offered.

(1) No police officer or other person in authority shall offer or make, or cause to be
offered or made, any such inducement, threat or promise as is mentioned in section
24 of the Indian Evidence Act, 1872 (1 of 1872 ).

(2) But the police officer or other person shall not prevent to any person from
making the statement, by any caution or otherwise, in the course of any
investigation under this Chapter which he may be disposed to make of his own free
will:

Note:- But if the person is making confession, the magistrate U/S 164 (4) can warn
to the person that it might be used against you.

164. Recording of confessions and statements.

Who can record and when?

i. Any Metropolitan Magistrate or Judicial Magistrate may record any

confession or statement made to him,
ii. That confession or statement may be recorded during the investigation (under
this chapter or under any other law and the time being in force) or afterward, but before the

commencement of the inquiry or trial.

iii. But the police officer who has been given the magistrate power, under any
law for the time being in force, is no authority to record the confession.

What are the precaution taken by the Magistrate:- Section-164 (2)

 The Magistrate shall, before recording any such confession, explain to the
person making it that he is not bound to make a confession, and
 that, if he does so, it may be used as evidence against him; and
 The Magistrate shall not record any such confession unless he has reason to
believe that it is being made voluntarily, upon questioning the person
making it.
(3) If at any time before the confession is recorded such person states that he is not
willing to make the confession, the Magistrate shall not authorize the detention of
such person in police custody.

Manners which have to follow by Magistrate:-

1. If any confession of accused person is recorded by the magistrate

2. He must follow the procedure as mention in s. 281, and
3. That shall be signed by the person making the confession; and
4. the Magistrate shall make a memorandum at the foot of such record to the
following effect:-
" I have explained to (name) that he is not bound to make a confession and
that, if he does so, any confession he may make may be used as evidence
against him and I believe that this confession was voluntarily made. It was
taken in my presence and hearing, and was read over to the person making it
and admitted by him to be correct, and it contains a full and true account of
the statement made by him.

(Signed) A. B. Magistrate".

In The Matter of Admission/Statement-

1. Any statement (other than a confession) shall be recorded in such manner as

provided in Cr.PC for the recording of evidence.
2. If magistrate seems that it is fit to the circumstances of the case; and
3. The Magistrate shall have power to administer oath to the person whose
statement is so recorded.

Note-The Magistrate recording a confession or statement under this section shall

forward it to the Magistrate by whom the case is to be inquired into or tried.
Manners as prescribed is S. 281-

281. Record of examination of accused.

The manner is divided into two parts-

1. Whenever the accused is examined by a Metropolitan Magistrate, and

2. Whenever the accused is examined by any Magistrate other than a
Metropolitan Magistrate, or by a Court of Session

(1) Whenever the accused is examined by a Metropolitan Magistrate,

i. the Magistrate shall make a memorandum of the substance of the

examination of the accused
ii. Such memorandum shall be in the language of the Court, and
iii. such memorandum shall be signed by the Magistrate and shall form part of
the record.

(2) Whenever the accused is examined by any Magistrate other than a

Metropolitan Magistrate, or by a Court of Session

i. The whole of such examination, including every question put to him and
every answer given by him, shall be recorded in full by the presiding Judge
or Magistrate himself, or
ii. Where he is unable to do so owing to a physical or other incapacity, such
examination shall be recorded under his direction and superintendence by an
officer of the Court appointed by him in this behalf, and
iii. if practicable The record shall be in the language in which the accused is
examined, or
iv. if that is not practicable, it shall be in the language of the Court.

General Rules for both Condition either it is recorded MM or any Magistrate-

 The record shall be shown or read to the accused, or

 if he does not understand the language in which it is written, shall be
interpreted to him in a language which he understands, and
 he shall be at liberty to explain or add to his answers.
  It shall be signed by the accused and by the Magistrate or presiding Judge,
who shall certify under his own hand that -
 The examination was taken in his presence and hearing, and
 That the record contains a full and true account of the statement made
by the accused.

Exception- Nothing in this section shall be deemed to apply to the examination of

an accused person in the course of a summary trial.

Search (S. 165 to 166.B)

165. Search by police officer.

i. Whenever an officer in charge of a police station or IO has reasonable

grounds for believing that anything may be found in any place with the
limits of the police station of which he is in charge, or to which he is
attached, and
ii. Such thing is necessary for the purposes of an investigation into any offence
which he is authorized to investigate, and
iii. in his opinion that such thing cannot be otherwise obtained without undue
delay,
iv. such officer may search, or cause search to be made, for such thing in any
place within the limits of such station, but
v. he will recording in writing the grounds of his belief and specifying the thing
for which search is to be made in such writing, so far as possible, and
vi. if practicable police officer shall conduct the search in person.
vii. If he is unable to conduct the search in person, and there is no other person
competent to make the search present at the time, he may, after recording in
writing his reasons for so doing, require any officer subordinate to him to
make the search, and
viii. he shall deliver to such subordinate officer an order in writing, specifying
the place to be searched, and so far as possible, the thing for which search is
to be made; and such subordinate officer may thereupon search for such
thing in such place.
Note:-

 The provisions of this Code as to search- warrants and the general provisions
as to searches contained in section 100 shall, so far as may be, apply to a
search made under this section.
 The things which are found during the search shall be recorded, and
 Copies of such record shall forthwith be sent to the nearest Magistrate
empowered to take cognizance of the offence, and
 One copy of the same shall be given to the owner or occupier of the place on
application, free of cost, by the Magistrate.

166. When officer in charge of police station may require another to issue
search warrant.

i. Whenever an officer in charge of a police station or IO has reasonable

grounds for believing that anything may be found in any place which is not
come to his local limit,
ii. He may require an officer in charge of another police station to cause a
search to be made in any place of their local limit.
iii. and if in his opinion of that officer who is so requested that such thing
cannot be otherwise obtained without undue delay, he can search in person
as per s. 165, and
iv. If any things are found, shall forward to the officer at whose request the
search was made.

Exception

i. Whenever there is reason to believe that the delay occasioned by requiring

an officer in charge of another police station to cause a search to be made,
and
ii. It might result in evidence of the commission of an offence being concealed
or destroyed,
iii. it shall be lawful for an officer in charge of a police station or IO to search,
or cause to be searched, any place in the limits of another police station in
accordance with the provisions of section 165, as if such place were within
the limits of his own police station, and
iv. That police officer shall send a notice of search to the officer in charge of the
police station having the local jurisdiction over that place, and
v. He shall also send with such notice a copy of the list of things (if any found)
prepared under section 100, and
vi. Copies of the records shall be also send to the nearest Magistrate empowered
to take cognizance of the offence, and
vii. On application of occupier one copy shall be given free of cost.

Letter of request competent authority for investigation in a country or place outside

India.

166A. Letter of request competent authority for investigation in a country or

place outside India. (in 1990)

(1) Notwithstanding anything contained in this Code, if, in the course of an

investigation into an offence, an application is made by the investigating officer or
any officer superior in rank to the investigating officer that evidence may be
available in a country or place outside India, any Criminal Court may issue a letter
of request to a Court or an authority in that country or place competent to deal with
such request to examine orally any person supposed to be acquainted with the facts
and circumstances of the case and to record his statement made in the course of
such examination and also to require such person or any other person to produce
any document or thing which may be in his possession pertaining to the case and to
forward all the evidence so taken or collected or the authenticated copies thereof or
the thing so collected to the Court issuing such letter.

(2) The letter of request shall be transmitted in such manner as the Central
Government may specify in this behalf.

(3) Every statement recorded or document or thing received under sub- section (1)
shall be deemed to be the evidence collected during the course of investigation
under this Chapter.

Letter of request from a country or place outside India to a Court or an authority

for investigation in India.
166B. Letter of request from a country or place outside India to a Court or an
authority for investigation in India.

(1) Upon receipt of a letter of request from a Court or an authority in a country or

place outside India competent to issue such letter in that country or place for the
examination of any person or production of any document or thing in relation to an
offence under investigation in that country or place, the Central Government may,
if it thinks fit,-

(i) forward the same to the Chief Metropolitan Magistrate or Chief Judicial
Magistrate or such Metropolitan Magistrate or Judicial Magistrate as he may
appoint in this behalf, who shall thereupon summon the person before him and
record his statement or cause the document or thing to be produced; or

(ii) Send the letter to any police officer for investigation, who shall thereupon
investigate into the offence in the same manner, as if the offence had been
committed within India.

(2) All the evidence taken or collected under sub- section (1), or authenticated
copies thereof or the thing so collected, shall be forwarded by the Magistrate or
police officer, as the case may be, to the Central Government for transmission to
the Court or the authority issuing the letter of request, in such manner as the
Central Government may deem fit.
167. Procedure when investigation cannot be completed in twenty four hours.

i. Whenever any person is arrested and detained in custody, and

ii. it appears that the investigation cannot be completed within the period of
twenty- four hours fixed by section 57, and
iii. there are grounds for believing that the accusation or information is well-
founded,
THEN
The officer in charge of the police station or IO, if he is not below the rank
of sub- inspector,
a) shall forthwith transmit a copy of the entries in the diary to the nearest
Judicial Magistrate, and
b) Shall at the same time forward the accused to such Magistrate.

Role of the Magistrate:-

i. The Magistrate to whom an accused person is forwarded under this section,

ii. whether he has or has no jurisdiction to try the case,
iii. He may authorize the detention of the accused in police custody or judicial
custody, as that Magistrate thinks fit, from time to time,
iv. for a term not exceeding fifteen days in the whole; and
v. If he has no jurisdiction to try the case or commit it for trial, and considers
further detention unnecessary, he may order the accused to be forwarded to
the competent Magistrate.
vi. Provided that-
a. After the completion of 15 days of police custody, if he is satisfied that
adequate grounds exist for doing so, he can send the accused person to
judicial custody,
b. But the total period of custody shall not exceed-
1st. ninety days, where the investigation relates to an offence punishable
with death, imprisonment for life or imprisonment for a term of not
less than ten years;
2nd. Sixty days, where the investigation relates to any other offence.
After the custody the accused has right to bail

i. On the expiry of the said period of ninety days, or sixty days, as the case
may be, the accused person shall be released on bail, if he is prepared to and
he does furnish bail, and
ii. Every person released on bail under this sub- section shall be deemed to be
so released under the provisions of Chapter XXXIII for the purposes of that
Chapter.

Limitation over the Magistrate

 If the accused is not produced in person before the Magistrate, the accused
shall not be subject to any kind of detention. and
 The Magistrate of the second class shall not send the accused in police
custody if is not specially empowered in this behalf by the High Court.

Explanation I.- If the accused does not furnish bail, he shall be detained in
custody, notwithstanding the period 90 days or 60 days, as the case may be, has
been expired.

Explanation II.- If any question arises whether an accused person was produced
before the Magistrate as required, the production of the accused person may be
proved by his signature on the order authorizing detention.

But

 where a Judicial Magistrate is not available, the police officer may transmit
the matter to the nearest Executive Magistrate, on whom the powers of a
Judicial Magistrate or Metropolitan Magistrate have been conferred,
 a copy of the entry in the diary and shall, at the same time, forward the
accused to such Executive Magistrate, and
 thereupon such Executive Magistrate, may, for reasons to be recorded in
writing, authorize the detention of the accused person in such custody as he
may think fit for a term not exceeding seven days in the aggregate; and,
 on the expiry of the period of detention so authorized, the accused person
shall be released on bail except where an order for further detention of the
accused person has been made by a Magistrate competent to make such
order; and,
  where an order for such further detention is made, the period during which
the accused person was detained in custody under the orders made by an
Executive Magistrate under this sub- section, shall be taken into account in
computing the period specified in Paragraph (a) of the proviso to sub-
section (2):
 Provided that before the expiry of the period aforesaid, the Executive
Magistrate shall transmit to the nearest Judicial Magistrate the records of the
case together with a copy of the entries in the diary relating to the case
which was transmitted to him by the officer in charge of the police station or
the police officer making the investigation, as the case may be.]

Note:-

a. Reason for detention shall be recorded by magistrate.

b. Magistrate shall send his order with reason to the Chief Judicial Magistrate.
c. If the case summons case and teiable by Magistrate, the investigation should
be completed within six months from the date of arrest of accused.
d. If it is not completed within six months, the Magistrate shall make an order
stopping further investigation into the offence, but
e. If the IO satisfies the Magistrate that for special reasons and in the interests
of justice the continuation of the investigation beyond the period of six
months is necessary, the magistrate may allow for continue the investigation.
f. The Sessions Judge may also do the same order.

168. Report of investigation by subordinate police officer to in-charge of P.S.

When any subordinate police officer has made any investigation under this
Chapter, he shall report the result of such investigation to the officer in charge of
the police station.
After completion of investigation: evidence may be deficient or sufficient

169. Release of accused when evidence deficient.

If, upon an investigation under this Chapter, it appears to the officer in charge of
the police station that-

a. there is not sufficient evidence, or

b. reasonable ground of suspicion to justify the forwarding of the accused to a
Magistrate, Then

 If accused person is in custody, such officer shall release him on his

executing a bond, with or without sureties, and impose a condition on
him that
 If it is so required to appear before a Magistrate empowered to take
cognizance of the offence on a police report, he will appear

When evidence is sufficient:-

170. Cases to be sent to Magistrate-

(1) If, upon an investigation under this Chapter, it appears to the officer in charge
of the police station that there is sufficient evidence or reasonable ground
regarding the commission of offence, then

a. such officer shall forward the accused under custody to a Magistrate

empowered to take cognizance of the offence upon a police report, and to try
the accused or commit him for trial, or,
b. If the offence is bailable and the accused is able to give security, shall take
security from him for his appearance before such Magistrate on a day fixed
and for his attendance from day to day before such Magistrate until
otherwise directed and shall release the accused.
But when accused is forwarded or takes security for his appearance

(a) he shall send to such Magistrate any weapon or other article which it may be
necessary to produce before him, and
(b) He shall require the complainant and the person acquainted with the facts
and circumstances of the case, to execute a bond to appear before the
Magistrate as thereby directed and prosecute or give evidence (as the case
may be) in the matter of the charge against the accused.
(c) If it is mentioned the name of the court as CJM where that person is to be
appear, it means CJM also include any Court to which such Magistrate may
refer the case for inquiry or trial, But
(d) Reasonable notice of such reference is given to such complainant or persons.
(e) The officer in whose presence the bond is executed shall deliver a copy
thereof to one of the persons who executed it, and shall then send to the
Magistrate the original with his report.

171. Complainant and witnesses not to be required to accompany police

officer and not to be subjected to restraint.

(a) No complainant or witness on his way to any Court shall be required to

accompany a police officer, or
(b) He shall not be subjected to unnecessary restraint or inconvenience, or
required to give any security for his appearance other than his own bond:

But if any complainant or witness refuses to attend the court or to execute a bond
as directed in section 170,

 the officer in charge of the police station may forward him in custody to the
Magistrate, and
 Such Magistrate may detain him in custody until he executes such bond, or
until the hearing of the case is completed.-
Police Diary

172. Diary of proceedings in investigation.

(1) Every police officer making an investigation under this Chapter shall day by
day enter his proceedings of the investigation in a diary,

Contents of diary-

(a) the time at which the information reached him,

(b) the time at which he began and closed his investigation,
(c) the place or places visited by him, and
(d) a statement of the circumstances ascertained through his investigation.

What are the evidentiary Value of Police Diary ?

S. 172 (2)- The Criminal Court may use such diaries, not as evidence in the case,
but to aid it in such inquiry or trial.

It means the court can see the diary and to take the help from it, but

(3) Neither the accused nor his agents shall be entitled to call for such diaries, nor
shall they be entitled to see them merely because they are referred to by the Court;

When Accused can use the diary-

i. if it is used by the police officer who made them, to refresh his memory U/S
159 of Evidence Act, or
ii. if the Court uses them for the purpose of contradicting such police officer,

The Police diary may be used by accused under the provisions of section 161 or
section 145, as the case may be, of the Indian Evidence Act, 1872.
When the investigation is completed

173. Report of police officer on completion of investigation.

i. Every investigation under this Chapter shall be completed without

unnecessary delay.
ii. As soon as it is completed, the officer in charge of the police station shall
forward a report in the form prescribed by the State Government, to a
Magistrate empowered to take cognizance of the offence on a police report, ,
iii. The contents of report-
a. the names of the parties;
b. the nature of the information;
c. the names of the persons who appear to be acquainted with the
circumstances of the case;
d. whether any offence appears to have been committed and, if so, by
whom;
e. whether the accused has been arrested;
f. whether he has been released on his bond and, if so, weather with or
without sureties;
g. Whether he has been forwarded in custody under section 170.
iv. The officer shall also communicate the action taken by him to informant, in
such manner as may be prescribed by the State Government.
v. Where a superior officer of police has been appointed under section 158, the
report shall be submitted through that officer, in any case in which the State
Government by general or special order so directs, , and he may, pending the
orders of the Magistrate, direct the officer in charge of the police station to
make further investigation,

(4) Whenever the accused has been released on his bond by police officer, the
Magistrate shall make such order- for the discharge of such bond or otherwise as
he thinks fit.
  Where the evidence is sufficient and section 170 applies, the police officer
shall forward to the Magistrate along with the report-

(a) All documents or relevant extracts thereof on which the prosecution proposes
to rely other than those already sent to the Magistrate during investigation;

(b) The statements- recorded under section 161 of all the persons whom the
prosecution proposes to examine as its witnesses.

 Where some statement made U/S 161and in the opinion of police officer that
such statement is not relevant to the subject- matter of the proceedings or it
should not be disclose to accused in the interests of justice and is
inexpedient in the public interest,
 He shall indicate that part of the statement and append a note requesting the
Magistrate to exclude that part from the copies to be granted to the accused
and stating his reasons for making such request.

(7) Where the police officer investigating the case finds it convenient so to do, he
may furnish to the accused copies of all or any of the documents referred to in sub-
section (5).

Note:-

 The police officer is empowered for further investigation even thought he

has submitted report U/S 173 (2). And
 If he obtains further evidence, oral or documentary, he shall forward to the
Magistrate a further report or reports regarding such evidence in the form
prescribed; and
 the provisions of 173 (2) to (6) shall, as far as may be, apply in relation to
such report or reports as they apply in relation to a report forwarded under
sub- section (2) of section 173.
174. Police to enquire and report on suicide, etc.

(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-

i. a person has committed suicide, or

ii. has been killed by another or
a) by an animal or
b) by machinery or
c) by an accident, or
d) has died under circumstances raising a reasonable suspicion that some
other person has committed an offence,
iii. That officer shall immediately give intimation thereof to the nearest
Executive Magistrate empowered to hold inquests, and,
iv. Subject to any rules made by Government or order passed by DM or SDM
that officer shall proceed to the place where the body of such deceased
person is, and
v. in the presence of two' or more respectable inhabitants of the neighborhood,
there shall make an investigation, and
vi. 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
vii. Stating in what manner, or by what weapon or instrument (if any); such
marks appear to have been inflicted.

Report: - The report shall be signed by such police 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.
In the matter of woman suicide

i. If 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,
vi. he shall forward the body for post mortem to the nearest Civil Surgeon, or
other qualified medical man appointed in this behalf by the State
Government,
vii. 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

Power to inquest: - The following Magistrates are empowered to hold inquests,

namely,

1. any District Magistrate or

2. Sub- divisional Magistrate and
3. Any other Executive Magistrate specially empowered in this behalf by the
State Government or the District Magistrate.

175. Power to summon persons.

(1) A police officer proceeding under section 174, may, by order in writing,
summon two or more persons as aforesaid for the purpose of the said investigation,
and any other person who appears to be acquainted with the facts of the case and
every person so summoned shall be bound to attend and to answer truly all
questions other than questions the answers to which would have a tendency to
expose him to a criminal charge or to a penalty or forfeiture.
(2) If the facts do not disclose a cognizable offence to which section 170 applies,
such persons shall not be required by the police officer to attend a Magistrate’s
Court.

176. Inquiry by Magistrate into cause of death.

(1) When any person dies

i. while in the custody of the police or

ii. when the case is of the nature referred to in clause (i) or clause (ii) of sub-
section (3) of section 174
iii. the nearest Magistrate- empowered to hold inquests shall may hold an
inquiry into the cause of death either instead of, or in addition to, the
investigation held by the police officer, and
iv. in any other case mentioned in sub- section (1) of section 174, 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) The Magistrate holding such an inquiry shall record the evidence taken by him
in connection therewith in any manner hereinafter prescribed according to the
circumstances of the case.

(3) 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.

(4) 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.
Explanation. - In this section, expression" relative" means parents, children,
brothers, sisters and spouse.