Can Bihar Police Investigate a Death Occurring in Mumbai? Supreme Court Clarifies

Introduction

The Supreme Court of India recently addressed critical questions regarding jurisdiction in criminal investigations, particularly in the context of the high-profile case involving the death of actor Sushant Singh Rajput. The court's ruling clarified the powers of the Bihar Police to investigate allegations arising from events that occurred in Mumbai, setting important precedents for future cases involving inter-state jurisdictional issues.

Case Background

The case arose from the tragic death of Sushant Singh Rajput on June 14, 2020, at his residence in Bandra, Mumbai. Following his death, an FIR was registered in Patna, Bihar, by his father, alleging various offences against Rhea Chakraborty, a friend of the deceased. The FIR included serious allegations such as criminal breach of trust and abetment of suicide. Chakraborty filed a transfer petition in the Supreme Court, seeking to move the investigation from Bihar to Mumbai, arguing that the events leading to the FIR occurred within the jurisdiction of Mumbai.

What The Lower Authorities Held

The Bihar Police contended that they had the jurisdiction to investigate the case because the allegations involved cognizable offences that had repercussions in Bihar. They argued that the Mumbai Police's inquiry under Section 174 of the CrPC, which is limited to determining the cause of death, did not encompass the broader allegations made in the FIR. The Maharashtra Police, on the other hand, maintained that the Bihar Police had no jurisdiction to register the FIR, as the alleged offences occurred in Mumbai.

The Court's Reasoning

The Supreme Court, led by Justice Hrishikesh Roy, examined several key issues regarding jurisdiction and the powers of the police under the CrPC. The court emphasized that the transfer of investigations is not a routine matter and should only occur under exceptional circumstances. It reiterated that the jurisdiction of police to investigate a crime is determined by where the crime occurred, as outlined in Sections 177 and 178 of the CrPC.

The court also clarified the distinction between inquiries conducted under Section 174 of the CrPC and full investigations initiated by an FIR under Section 154. It noted that the Mumbai Police's inquiry was limited to ascertaining the cause of death and did not extend to investigating the allegations made in the FIR. Therefore, the court concluded that the Bihar Police acted within their jurisdiction in registering the FIR and commencing their investigation.

Statutory Interpretation

The court's interpretation of the CrPC was pivotal in its ruling. It highlighted that Section 406 of the CrPC empowers the Supreme Court to transfer cases and appeals but does not extend to transferring investigations between police jurisdictions. This interpretation aligns with previous judgments, including Ram Chander Singh Sagar vs. State of Tamil Nadu, which established that the Supreme Court lacks the authority to transfer investigations.

The court also referenced the mandatory nature of FIR registration under Section 154 of the CrPC when information discloses a cognizable offence. This principle was reinforced by the Constitution Bench's ruling in Lalita Kumari vs. Govt. of UP, which stated that a preliminary inquiry is not permissible when a cognizable offence is disclosed.

Why This Judgment Matters

This ruling has significant implications for legal practice, particularly in cases involving inter-state jurisdictional disputes. It underscores the importance of adhering to established legal principles regarding police jurisdiction and the registration of FIRs. The court's emphasis on the need for a fair and impartial investigation, free from political interference, is a crucial reminder of the judiciary's role in upholding the rule of law.

Final Outcome

The Supreme Court ultimately upheld the jurisdiction of the Bihar Police to investigate the allegations made in the FIR and approved the ongoing investigation by the CBI, which had been entrusted with the case following the Bihar government's consent. The court directed that if any new FIR were registered in Mumbai concerning the same issues, the CBI would also be responsible for investigating that case, thereby ensuring a unified approach to the investigation.

Case Details

• Case Title: Rhea Chakraborty vs State of Bihar & Ors.
• Citation: 2020 INSC 500
• Court: IN THE SUPREME COURT OF INDIA
• Bench: Justice Hrishikesh Roy
• Date of Judgment: 2020-08-19