Suspicious death. Filing objection/FIR.

753 votes

I am deeply sorry for your loss. Please note that I am sharing general legal information and not a substitute for advice from your engaged advocate. In your situation, since the police have already registered a case treating it as suicide, you as parents still have the right to raise objections if you believe circumstantial evidence points to murder. Under Section 154 CrPC, there is no strict limitation period for lodging an FIR in cognizable offences like murder (IPC Section 302) or abetment to suicide (IPC Section 306). Such offences are serious in nature and the law does not prevent filing of information at any later stage, though it is always advisable to do it as early as possible to ensure timely and fair investigation. If you feel dissatisfied with the ongoing police investigation, you can: File a written complaint with the Superintendent of Police (u/s 154(3) CrPC). Approach the Magistrate under Section 156(3) CrPC to direct registration of a fresh FIR or reinvestigation. File objections or request reclassification of the case during the investigation or trial stage.

Advocate Omkar Mahesh Tak LawRato

954 votes

I’m very sorry for your loss. In cases of unnatural or suspicious death, there is no strict time bar in law for lodging an FIR or filing objections to the manner in which the case has been registered, because offences like murder or abetment of suicide are cognizable and of a serious nature the police are duty-bound to investigate whenever credible information comes before them, even belatedly. Since the police have already registered the case as suicide, you as parents can still file a detailed written complaint/objection with the concerned police station, higher police authorities (Superintendent of Police, Commissioner), and even the Magistrate requesting re-registration or alteration of the offence if evidence points towards murder. You can also submit representations to ensure all circumstantial evidence, post-mortem findings, electronic records, and witness statements are thoroughly investigated. Practically, it is advisable not to delay further, because the earlier objections are placed on record, the better chance the investigation will cover all angles before evidence is lost or diluted. But legally, even if you raise your objections later, the matter being a heinous offence, the system cannot dismiss it merely on the ground of delay. Immediately put your suspicion and reasons in writing, demand re-examination of evidence, and if unsatisfied with police response, approach the Magistrate or even the High Court for directions to ensure proper investigation.

Advocate Sanil Sarkar LawRato

835 votes

in criminal matters there is no time limit as such for filing and FIR / objection, if you are not satisfied with the charge sheet and once them to investigate for the weekend file a protest petition against the chart sheet or if you want them to investigate for the on the current charge sheet you need to file an application for further investigation, if your suspicion and the circumstantial evidence is enough to say that it was a suspected murder then you can always approach High Court for registering FIR or any other remedies

Advocate Moksh Jain LawRato

668 votes

Submit a written complaint to the Investigating Officer (IO) or SHO (Station House Officer) that you believe the death is not natural and request registration of FIR under appropriate IPC sections (like 302-murder, 306 abetment to suicide, 304B dowry death

Advocate Mahrukh Khan LawRato

837 votes

Well, you can still get a FIR lodged under the concerned provisions of law! The more you delay, questions can be raised on it! Longer the delay will happen in getting the Investigation started, higher will be the chances that you won't get the justice, as circumstantial evidences will get distorted or disappear with time.

Advocate Pankaj Bajaj LawRato