Re-Evaluating The Scope Of Inquest Proceedings – Insights From The Case Of “K. Krishnan Versus State Of Kerala” And Its Contemporary Relevance Under New Criminal Laws
- IJLLR Journal
- Sep 10
- 1 min read
Ms. Jaskamal Kaur, LL.M., School of Law, Lovely Professional University, Punjab, India
ABSTRACT
The Inquest Report and scope of Section 174 of the Code of Criminal Procedure, 1973 (hereinafter mentioned as “CrPC, 1973”) in the case of Unnatural Deaths has been thoroughly researched many times. However, several procedural gaps still exist that undermine and question its effectiveness. This paper aims to critically analyse the case of “K. Krishnan v. State of Kerala” passed by the Kerala High Court. It aims to re-evaluate the scope of inquest reports filed under Section 174 in case of unnatural deaths. Also, it will highlight the limitations therein and attempt to fill the procedural vacuum in such cases. Since, in this case, the police have failed to register a cognizable offence under Section 154, in spite of the facts suggesting the commission of the same. In this context, the case warrants close examination as it tries to address these gaps through a victim-centric approach. It addresses the rights of the victim’s family to be informed of the results of the proceedings and the remedies available in cases of closure. Further, it will make a comparison between Section 174 of CrPC, 1973 and corresponding Section 194 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter mentioned as “BNSS, 2023”). Thus, this case highlights the gaps in the procedure laid down in this code and highlights the need to ensure transparency in handling such matters.
Keywords: Section 174, Inquest Report, Unnatural Death, Investigation, Inquiry, Cognizable Offence.
