Court : Chennai Madurai
..... was pure and simple non judicial in character. 12. now, let us examine the position after the introduction of the code of criminal procedure 1973. originally, section 176 of the code of criminal procedure, 1973, stood as follows:- "176. inquiry by magistrate into cause of death. -(1) when the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 174, the nearest magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 174, any magistrate so empowered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police officer; and if he does so, he shall have all the powers in conducting it ..... which he would have in holding an inquiry into an offence." 13. here, we need to notice that sub-section (1) of section 176 of the code .....
Tag this Judgment!Court : Supreme Court of India
..... to section 176(1a) of the code of criminal procedure, 1973 which mandates that where there is a death or disappearance from the custody of the police or any other custody authorized by a magistrate or a court, 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.3 it was submitted that in 3 176. inquiry by magistrate into cause of death. (1) when the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 174, the nearest magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 174, any magistrate so empowered may hold an inquiry into the cause of death ..... either instead of, or in addition to, the investigation held by the police officer; and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence. (1a) where, (a) any person dies .....
Tag this Judgment!Court : Supreme Court of India
..... by police in case of death by suicides and inquiries by magistrates into cause of such deaths were also amended. section 198a was also inserted in the code of criminal procedure with regard to prosecution of offences under section 498a. further by an amendment in the first schedule to the cr.pc the offence under section 498a was made cognizable and non-bailable. of considerable significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act ..... or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. 7 12. section 498a of the indian penal code was introduced by the criminal law (second amendment) act, 1983. in addition to the aforesaid amendment in the indian penal code, the provisions of sections 174 and 176 of the code of criminal procedure, 1973 relating to inquiries .....
Tag this Judgment!Court : Supreme Court of India
..... by police in case of death by suicides and inquiries by magistrates into cause of such deaths were also amended. section 198a was also inserted in the code of criminal procedure with regard to prosecution of offences under section 498a. further by an amendment in the first schedule to the cr.pc the offence under section 498a was made cognizable and non-bailable. of considerable significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act ..... or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. 7 12. section 498a of the indian penal code was introduced by the criminal law (second amendment) act, 1983. in addition to the aforesaid amendment in the indian penal code, the provisions of sections 174 and 176 of the code of criminal procedure, 1973 relating to inquiries .....
Tag this Judgment!Court : Supreme Court of India
..... by police in case of death by suicides and inquiries by magistrates into cause of such deaths were also amended. section 198a was also inserted in the code of criminal procedure with regard to prosecution of offences under section 498a. further by an amendment in the first schedule to the cr.pc the offence under section 498a was made cognizable and non-bailable. of considerable significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act ..... or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. 7 12. section 498a of the indian penal code was introduced by the criminal law (second amendment) act, 1983. in addition to the aforesaid amendment in the indian penal code, the provisions of sections 174 and 176 of the code of criminal procedure, 1973 relating to inquiries .....
Tag this Judgment!Court : Supreme Court of India
..... by police in case of death by suicides and inquiries by magistrates into cause of such deaths were also amended. section 198a was also inserted in the code of criminal procedure with regard to prosecution of offences under section 498a. further by an amendment in the first schedule to the cr.pc the offence under section 498a was made cognizable and non-bailable. of considerable significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act ..... or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. 7 12. section 498a of the indian penal code was introduced by the criminal law (second amendment) act, 1983. in addition to the aforesaid amendment in the indian penal code, the provisions of sections 174 and 176 of the code of criminal procedure, 1973 relating to inquiries .....
Tag this Judgment!Court : Supreme Court of India
..... by police in case of death by suicides and inquiries by magistrates into cause of such deaths were also amended. section 198a was also inserted in the code of criminal procedure with regard to prosecution of offences under section 498a. further by an amendment in the first schedule to the cr.pc the offence under section 498a was made cognizable and non-bailable. of considerable significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act ..... or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. 7 12. section 498a of the indian penal code was introduced by the criminal law (second amendment) act, 1983. in addition to the aforesaid amendment in the indian penal code, the provisions of sections 174 and 176 of the code of criminal procedure, 1973 relating to inquiries .....
Tag this Judgment!Court : Mumbai
Reported in : 1998BomCR(Cri)95; 1997CriLJ2713
..... that some other person committed an offence in relation to such woman; or (iii)--- (iv)--- (v)--- (4)-----' section 176 of the code of criminal procedure reads as under :--- 176. inquiry by magistrate into cause of death :--- (1) when any person dies while in the custody of the police or when the case is of the nature referred to inclause (i) or clause (ii) of sub-section (3) of section 174, the nearest magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 174, any magistrate so empowered, may hold an inquiry into the cause of death of either instead of, or in addition to, the investigation held by the police officer; and if he does so, he ..... in grave violation of the mandatory provisions of section 174 ot the code of criminal procedure, 1973. section 174 of the code of criminal procedure dealing with the duties of the police to enquire and report on suicide and other suspicious deaths casts some obligations upon the police officer to immediately give information to the nearest executive magistrate empowered to hold inquests. sub-section (3) of section 174 of the code of criminal procedure specifically deals with a death of a woman within 7 years of her marriage, which may be either suicidal or homicidal section 176 of the code makes it obligatory on the nearest executive magistrate empowered to hold inquests to hold enquiry into the cause of death either instead of, or in addition .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000ACJ666
..... warrant to produce the arrested person before a magistrate without unnecessary delay and section 57 echoes clause (2) of article 22 of the constitution of india. there are some other provisions also like sections 53, 54 and 167 which are aimed at affording procedural safeguards to a person arrested by the police. whenever a person dies in the custody of the police, section 176 requires the magistrate to hold an inquiry into the cause of death.(18) however, in spite of the constitutional and ..... established to have been flagrantly infringed by calling upon the state to repair the damage done by its officers to the fundamental rights of the citizen, notwithstanding the right of the citizen to the remedy by way of a civil suit or criminal proceedings. the state, of course, has the right to be indemnified by and take such action as may be available to it against the wrongdoer in accordance with law-through appropriate proceedings. of course, relief in exercise ..... v of criminal procedure code, 1973 deals with the powers of arrest of a person and the safeguards which are required to be followed by the police to protect the interest of the arrested person. section 41, criminal procedure code confers power on any police officer to arrest a person under the circumstances specified therein without any order or a warrant of arrest from a magistrate. section 46 provides the method and manner of arrest. under this section, no formality is necessary while arresting a person. under section 49 .....
Tag this Judgment!Court : Guwahati
..... making an arrest without warrant to produce the arrested person before a magistrate without unnecessary delay and section 57 echoes clause (2) of article 22 of the constitution of india. there are some other provisions also like sections 53, 54 and 167 which are aimed at affording procedural safeguards to a person arrested by the police, whenever a person dies in custody of the police, section 176 requires the magistrate to hold an enquiry into the cause of death.22. custodial death is perhaps one of the worst crimes in a civilised society ..... and dw-4 asi janbemo.(4) it is clear from the deposition of witnesses that there is no criminal case against lt. tiaba before he was lodged in the lock up nor he was detained in connection with any criminal case.(5) till date no case in respect to custodial death of lt. tiaba has been registered as such no police inquiry is initiated.(6) no mental sickness is established against lt. tiaba.(7) the so-called ..... . chapter v of the criminal procedure code, 1973 deals with the powers or arrest of a person and the safeguards which are required to followed by the police to protect the interest of the arrested person. section 41, cr.p.c confers powers on any police officer to arrest a person under the circumstance specified therein without any order or a warrant of arrest from a magistrate. section 46 provides the method and manner of arrest. under this section no formality is necessary while arresting a person. under section 49. the police is .....
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