Aruna was a student of B.A. Final Year. She was found dead in her room in the hostel. There were neither blood stains nor any thing relating to the crime. Her father wants to file a criminal case. Advise.

Facts of the Case

• Aruna, a final-year B.A. student, was found dead in her hostel room.
• There were no blood stains, no signs of struggle, and no visible clues indicating the cause of death.
• No weapon, poison bottle, or any physical evidence was found at the site.
• The circumstances around her death are unknown, suspicious, and unexplained.
• Her father wishes to file a criminal case seeking investigation into her death.

Issues in the Case

1. Whether Aruna’s unexplained death amounts to a case of suspicious death requiring police investigation?
2. Whether the police must register an FIR under Section 154 CrPC when a cognizable offence is suspected?
3. Whether the case should be treated as:
   • Homicide (murder),
   • Suicide,
   • Accidental death, or
   • Abetment to suicide?
4. Whether the father can request:
   • A Magisterial inquest,
   • A post-mortem examination,
   • Registration of a case under Section 174 CrPC?
5. What procedural steps must be taken by law enforcement in such circumstances?

Legal Principles Covered to Support Case & Judgment

A. Section 174 CrPC – Police Inquest on Suspicious or Unnatural Death

When a person dies under unnatural, suspicious, or unknown circumstances, the police must:

• Enter information in daily diary,
• Visit the place of death,
• Conduct an inquest,
• Send the body for post-mortem.

This section directly applies because Aruna’s death is suspicious and unexplained.

B. Section 154 CrPC – FIR in Cognizable Offence

If the father alleges:

• Murder (Section 302 IPC),
• Abetment to suicide (Section 306 IPC), or
• Criminal negligence (Section 304A IPC)

the police must register an FIR and investigate.

C. Section 302 IPC – Murder

If the post-mortem reveals violence, smothering, poisoning, or suffocation, the case may fall under murder.

D. Section 306 IPC – Abetment to Suicide

If suicide is suspected and evidence suggests harassment, threats, or mental cruelty, abetment charges may be invoked.

E. Section 304A IPC – Death by Negligence

If death is caused due to negligence by hostel authorities (e.g., lack of medical care), this may apply.

F. Duty of Police to Investigate Even Without Clear Evidence

Even if no visible crime evidence exists, the law mandates:

• Inquest,
• Post-mortem,
• Scientific tests (toxicology, DNA, fingerprints),
• Examination of hostel staff, students, CCTV, call records, etc.

Unexplained death demands investigation, even if no signs of violence are initially found.

G. Right of Father as Complainant

Aruna’s father can:

• File a complaint demanding registration of FIR
• File before Superintendent of Police if SHO refuses (Section 154(3) CrPC)
• File a complaint before Magistrate under Section 156(3) CrPC to order investigation
• Request a judicial magistrate inquiry under Section 176 CrPC.

Possible Judgment / Legal Advice

A. Immediate Action

Aruna’s father should:

1. File a complaint with the police stating it is a suspicious death.
2. Request registration of a case under Section 174 CrPC.
3. Request post-mortem examination to determine the cause of death.

B. Investigation to be Conducted

The police must:

• Conduct an inquest under Section 174 CrPC
• Send the body for forensic examination
• Collect statements from students, hostel wardens, and staff
• Check CCTV footage, phone records, and digital evidence
• Examine room conditions and potential poisoning

C. Future Legal Course Depending on Findings

1. If homicide is detected → FIR under Section 302 IPC (Murder).
2. If suicide is confirmed → Check for abetment under Section 306 IPC.
3. If negligence of hostel authorities is found → Section 304A IPC.

About lawgnan

To understand your legal rights in cases of suspicious or unexplained deaths, visit Lawgana.in for detailed, simple, and practical guidance. Whether the incident involves a student, hostel resident, or any individual found dead under mysterious circumstances, Lawgana.in explains all essential procedures under Sections 174, 154, 176 CrPC and relevant IPC provisions. Learn how to demand an inquest, post-mortem, FIR, and judicial inquiry, along with the legal remedies available to families seeking justice. Explore more legal explanations, case analyses, and step-by-step guides to strengthen your understanding. Visit Lawgana.in today for complete legal clarity.