The parents of a dead woman complained that their daughter’s in-laws used to demand for dowry frequently. Their daughter had died within 5 years of marriageunder suspicious circumstances. The magistrate can authorize the autopsy of this case under which of the following sections:
**Question:** The parents of a dead woman complained that their daughter-in-law used to demand for dowry frequently. Their daughter had died within 5 years of marriage under suspicious circumstances. The magistrate can authorize the autopsy of this case under which of the following sections:
A. Section 174 CrPC
B. Section 164 CrPC
C. Section 164 CrPC and Section 174 CrPC
D. Section 161 CrPC
**Correct Answer:** D. Section 161 CrPC
**Core Concept:**
Section 161 of the Indian Penal Code (IPC) pertains to the investigation of a crime - specifically, the duty of a police officer to inquire into a crime upon receiving information about it. In this context, Section 161 is related to the duty of the police to investigate a crime when a death occurs under suspicious circumstances.
**Why the Correct Answer is Right:**
In this case, the death occurred under suspicious circumstances, which indicates a potential criminal case. Section 161 of the IPC mandates that a police officer must inquire into the crime upon receiving information of such a case. As a magistrate is a police officer, they can authorize an autopsy under Section 161 IPC.
**Why Each Wrong Option is Incorrect:**
Option A (Section 174 CrPC) pertains to the inquiry of a crime by a magistrate upon receipt of information about it. However, in this scenario, the magistrate is acting as a police officer, which is why Option A is incorrect.
Option B (Section 164 CrPC) refers to the inquiry of a crime by a magistrate upon receipt of information about it. Similar to Option A, this option is also incorrect because the magistrate is acting as a police officer in this case.
Option C (Section 164 CrPC and Section 174 CrPC) combines two sections, but the reason remains the same - the magistrate is acting as a police officer, which makes this option incorrect.
**Clinical Pearl:**
Section 161 IPC is crucial for investigating suspicious deaths, particularly in cases where the deceased was involved in a criminal case or suffered from an injury. This ensures that the police conduct a thorough investigation and can authorize necessary medical procedures, including autopsies, to ascertain the cause of death. Remember to apply the correct section based on the role of the authority inquiring into the case (police or magistrate).