When a crime is committed, the first step and one of the most important steps undertaken is that of

investigation of the crime – also known as inquest, particularly held to find out the cause of death of a
person whenever there is a suspicion that such death was caused by anything other than natural causes.
The procedure to be followed after such a death is given in Sections 174, 175 and 176 of the Code of
Criminal Procedure, 1973 (CrPC). Under Section 174 of the CrPC, the inquest is normally conducted by
the officer-in-charge of a Police Station. There is no specific rank provided in the CrPC as to who will
conduct the investigation, but generally it is the rank of the sub-inspector (SI). After carrying out the
investigation, the police officer must submit the report of the investigation to the nearest magistrate
who also hold the power to carry out inquests when necessary. Regardless of Inquest being one of the
most important steps in a criminal investigation, the law states Section 174 of the CrPC has very limited
scope and in various cases it has been portrayed as ‘not necessary’ and ‘irrelevant’. This paper aims to
look into the various topics surrounding the topic of Inquest as well as explain why Inquest is not very
relevant in India.

This main research questions that will addressed in this paper will be: -

- Why is investigation so important in a criminal case proceeding?

- What are the duties of the magistrate under section 174 of CrPC?
- What is the power/scope of inquest in India?
- Why is inquest not very established/reliable in the Indian Criminal System?

Material that is being used and why: -

- Books and published articles as well as cases to explain the importance of investigation in a
criminal case proceeding.
- In the cases of Radha Mohan Singh v. State of Uttar Pradesh and Shakila Khader v. Nausher
Gama certain duties of the magistrate are highlighted and they also show the powers of the
magistrate under section 174. Interpretation of the section 174 in the CrPC to further explain
the duties of the magistrate under this section.
- Cases of Podda Narayana v. State of A.P. (three-judge bench), Amar Singh v. Balwinder Singh,
Eqbal Baig v. State of Andhra Pradesh and various other judgements to show that the sections
related to inquest have little to no power in the eyes of the judge.
- My opinion as to why Inquest is not very established in the Indian Criminal System and what can
be done to change that.