N.K.Assumi (Advocate) 19 April 2011
Can there be a proceedings under section 174 of the Code of Criminal Procedure in a complaint of homicide of the dead body already buried some weeks back? Should the Police proceeds under 174 CrPc without dead body or there should be investigations under appropriate sections of law under homicide?
anil kumar (law student, ex IPS) 21 April 2011
Yes, in case the body has not been burnt but has been buried then the body can be exhumed by the orders of the district magistrate and sent for post mortem. If the information of death was not given to the police, then the police on receipt of source information can suo motto start an enquiry under 174crpc, suspecting foul play or on the grounds of any unnatural death. If there is expert evidence that the death was natural then the relevant entries will have to be made in the general diary of the police station and 174 enquiry be closed by the SDM, in case, there was a complaint.
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