INQUIRY UNDER SECTION 176(1) –A OF CR.P.C.,

 

INQUIRY UNDER SECTION 176(1) –A OF CR.P.C.,

Introduction :

The proviso 1(A) in Section 176 Cr.P.C., has been inserted by Act 25 of 2005 with effect from 23.6.2006. Since the above said proviso has been included in Section 176 Cr.P.C., the scope of inquiry as contemplated in the said proviso is to be discussed. Hence, this Article.

For easy reference, the proviso is extracted hereunder.

Sec. 176 Cr.P.C – Inquiry by Magistrate into cause of death :

1-A – 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 authorized by the Magistrate or the Court, under this Code, in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Judicial Magistrate or the Metropolitan Magistrate, as the case may be within whose local jurisdiction the offence has been committed.

What is inquiry and what shall be the duty of the Learned Judicial Magistrate and after completion of inquiry, what is to be done by the Learned Judicial Magistrate has been discussed and decided by the Hon’ble Madras High Court in the following cases.

To understand the said provision in letter and spirit, the following Judgments will help us,

(1) [Tmt.R.Kasthuri Vs. State]

(2) [P.Pugalendi v. State

The scope of such inquiry under Sub-Section (1A) of Section 176 Cr.P.C., and the scope of police investigation have been dealt with by this Court in various cases. One such case is Crl.O.P.No.20008 of 2013 (Tmt.R.Kasthuri Vs State) wherein, by order dated 19.12.2014, this Court has held as follows:-

 To sum up, the conclusions are as follows:-

(1) Any information relating to the death or disappearance of any person or rape of a woman while such person or woman was in the custody of the police or in any other custody authorized by a Magistrate or Court, shall be registered as a case under Section 154 of the Code.

(2) Soon after the registration of the case, the Station House Officer shall forward the FIR to the jurisdictional Judicial Magistrate / Metropolitan Magistrate.

(3) The jurisdictional Magistrate shall thereafter hold an inquiry under Section 176(1A) of the Code.

(4) During such inquiry under Section 176 (1A) of the Code the Judicial Magistrate / Metropolitan Magistrate shall have power to record evidence on oath.

(5) On completing the inquiry the Judicial Magistrate / Metropolitan Magistrate shall draw a report and keep the statements of the witnesses, documents collected and the report drawn by him as part of case records.

(6) The Judicial Magistrate / Metropolitan Magistrate shall furnish copies of the statements of the witnesses recorded during inquiry under Section 176(1A) of the Code, the documents collected and the report drawn by him to the investigating police officer without delay.

(7) The investigating police officer shall, without being hindered by the inquiry by the Judicial Magistrate/Metropolitan Magistrate, conduct investigation under Chapter XII of the Code thoroughly and submit a final report to the jurisdictional Magistrate/Court under Section 173 of the Code.

(8) If the case relates to police encounter, as directed by the Hon'ble Supreme Court in People's Union for Civil Liberties and another v. State of Maharashtra and others, 2014 (11) Scale 119 the investigation shall be entrusted to either CB CID or a police team of another police station under the supervision of a senior police officer (at least a level above the head of the police party engaged in the encounter).  

(9) The Judicial Magistrate/Metropolitan Magistrate shall not forward the original records of the inquiry under Section176(1A) of the Code either to the District Collector or to the Government.

Whether the Judicial Magistrate holding inquiry can send report to the District Collector or Government :-

No. The Judicial Magistrate/Metropolitan Magistrate shall not forward the original records of the inquiry to the District Collector or to the Government.

Whether the Judicial Magistrate holding inquiry can record evidence:-

Yes. The Judicial Magistrate/Metropolitan Magistrate can record evidence while conducting inquiry u/s. 176 (1-A) Cr.P.C.

CONCLUSION :-

Though the above proviso has been newly inserted, all the doubts arising out of the same have been cleared and guided by the above two judgments of the Hon’ble Madras High Court.