Court affirms that Inquest Report under Section 174 CrPC (now Section 194 BNSS, 2023) is not final; mandates completion of investigation and filing of final report under Section 173(2) CrPC (or Section 208 BNSS, 2023)
In a significant ruling delivered on July 28, 2026, the Karnataka High Court, presided by Justice Suraj Govindaraj, clarified the legal position concerning the nature and scope of an Inquest Report prepared under Section 174 of the Code of Criminal Procedure, 1973 (CrPC), which has been repealed and replaced by Section 194 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The petition, filed by Sri Subbaiah, arose from the unnatural death of one Santhosh on December 9, 2023.
Following Santhosh's death, a complaint was lodged alleging medical negligence. The police registered an Unnatural Death Report (UDR No.22/2023) under Section 174 CrPC and conducted an inquest by the Executive Magistrate. An Inquest Report was submitted on December 10, 2023. However, the police failed to file a final report before the jurisdictional Magistrate. Consequently, the petitioner sought a writ of mandamus directing the police to file the final report to enable him to file a protest petition in the interest of justice.
Justice Govindaraj, after hearing submissions including those of learned Advocate Sampath Kumar A.V. for the petitioner and Additional Government Advocate Saritha Kulkarni for the State, relied extensively on the authoritative judgment of the Madras High Court in Manohari v. District Superintendent of Police (2018 SCC Online Madras 14216). The Madras High Court had elaborated that:
- The Inquest Report under Section 174 CrPC (now Section 194 BNSS, 2023) is a preliminary fact-finding document aimed at ascertaining the apparent cause of death. It describes visible injuries and circumstances but does not conclude the investigation or assign blame.
- The inquest process involves the Police Officer preparing a report at the scene, in presence of respectable inhabitants, and forwarding it to the Executive Magistrate, who conducts an independent inquest and submits a report back to the police.
- The power and duty of the police to conduct investigation remain unaffected by the inquest proceedings.
- The police must complete the investigation based on all materials, including the Inquest Report, and file a final report under Section 173(2) CrPC (or Section 208 BNSS, 2023) before the competent Judicial Magistrate.
- The Inquest Report is not a substitute for the final report or charge-sheet.
The Karnataka High Court emphasized that the submission of an Inquest Report does not end police proceedings. The Investigating Officer is legally mandated to complete the investigation and submit the final report before the jurisdictional Magistrate, irrespective of whether the report is a charge-sheet or a closure report.
The court issued a mandamus directing the police to complete the investigation and file the final report in UDR No.22/2023 before the Additional Civil Judge and JMFC Court, Sakaleshapura. It further directed the Director General of Police to circulate the Madras High Court judgment and this order to all Investigating Officers across Karnataka, ensuring compliance within four weeks. The matter was listed for compliance verification on August 25, 2026.
This judgment affirms procedural clarity in handling unnatural death cases, ensuring that inquests remain preliminary inquiries aiding police investigations rather than final determinations. It safeguards the rights of victims and petitioners to access full investigative processes and judicial remedies, reinforcing the rule of law in criminal investigations under both the repealed CrPC and the newly enacted BNSS, 2023.
Bottom Line:
Inquest Report under Section 174 of the CrPC (now Section 194 of BNSS, 2023) does not constitute the final report. Upon completion of the investigation, the Investigating Officer must submit a final report under Section 173(2) of the CrPC (or its equivalent under BNSS, 2023) before the jurisdictional Judicial Magistrate.
Statutory provision(s):
Section 174, 173(2) of the Code of Criminal Procedure, 1973; Section 194, 208 of Bharatiya Nagarik Suraksha Sanhita, 2023
Subbaiah v. State of Karnataka, (Karnataka) : Law Finder Doc Id # 2976278
