Stressing the need for transparency and accountability in investigation of violent crimes, especially unnatural deaths, the second Administrative Reforms Commission (ARC) has cited the example of Karnataka while applauding its rules related to inquest procedures.

The ARC, headed by former chief minister M Veerappa Moily, was referring to Karnataka’s recently notified rules under Section 174 of Criminal Procedure Code. The section provides for modification of the existing investigation procedures to ensure that the decision about classifying an unnatural death as an accident, suicide or homicide is made through an open and accountable process.

“This was possible by issuing rules under Sections 174 and 176 of the CrPC, a step which is simpler and faster than amendment of the Code itself,” the report, which was submitted to the prime minister said.
“Inquests now have to be conducted in all cases of unnatural deaths in an open and transparent manner. This has made the relevant investigating requirements prescribed in manuals enforceable as these are now a part of the rules. A professionally qualified group (including a forensic expert) has to collect evidence on the spot and the post-mortem has to be conducted before the inquest immediately after discovery of the death.”

“Also, a magistrate has to conduct an open inquiry within a specified period from the date of death to confirm that all investigating requirements under the manual have been met,” the report pointed out explaining the Karnataka inquest rules.

After the inquiry, the magistrate must record a specific finding based on appreciation of the evidence collected including the post-mortem report as also whether the unnatural death is to be considered an accident, suicide or homicide. This finding is binding on the police investigator for preparation of an FIR where required. It is also to be reported to the judicial magistrate, the report added.