KK's Demise: What Constitutes a Case of 'Unnatural Death' Under the Law?

Preliminary findings of the post-mortem conducted on KK reportedly show that he passed away due to cardiac arrest.

Singer KK passed away on 31 May.

(Photo Courtesy: Twitter)

Famous Bollywood singer Krishnakumar Kunnat, popularly known as KK, passed away on Tuesday, 1 June, shortly after giving a performance in Kolkata. He collapsed in his hotel room and, according to media reports citing police, was declared “brought dead” by doctors of the hospital he was taken too.

The police thereafter went on to register a case of unnatural death and initiated an investigation in the matter.

On Wednesday, news agency PTI quoted a senior police officer as saying that preliminary findings of the post-mortem conducted on KK, show that he had passed away due to cardiac arrest. The police officer also reportedly shared that the initial report rules out foul play.

“The initial report suggested that the singer died because of myocardial infarction. There was no foul play behind his death. Clinical examination also found that the singer was having prolonged cardiac issues.”

Senior Police Officer, quoted by PTI

The complete autopsy report is still awaited, however.

But what constitutes a case of ‘unnatural death’? And when is a post-mortem conducted?

‘Unnatural Death’

The police probes a case as one of 'unnatural death' when a person has:

• died by suicide, or

• been killed by another person, or

• been killed by an animal, or

• been killed by machinery or

• killed in an accident, or

• has died under circumstances raising a reasonable suspicion that some other person has committed an offence

In any of the above mentioned circumstances, under Section 174 of The Code of Criminal Procedure (CrPC), the police shall immediately contact the nearest Executive Magistrate empowered to hold inquests (ie judicial inquiries in such matters).

The police are also required to proceed to where the body of the deceased is.

On reaching there: “in the presence of two or more respectable inhabitants of the neighbourhood, (the police) shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any); such marks appear to have been inflicted.”

This report will then be signed by the police officer conducting the investigation and other relevant people in agreement with the same, and forwarded to the District Magistrate or the Sub-divisional Magistrate.

So When Does a Post Mortem Take Place?

A body can be sent for a post-mortem to the nearest civil surgeon or other qualified medical professional appointed by the state government, under an array of circumstances.

These include cases involving death by suicide of a woman within seven years of her marriage, death of a woman within seven years of her marriage in suspicious circumstances or when there is any doubt regarding the cause of death of any person.

For KK, it seems to have been the third of the above mentioned cases — doubt regarding the cause of death.

As a general rule, if at any stage of the probe, it is found by the investigating authorities that a cognizable offence resulting in death has been committed or is suspected to have been committed, a report altering the section of law shall be sent to the Magistrate empowered to take cognizance of such offence.

A cognizable offence can be anything ranging from murder to culpable homicide or death by negligence.

In KK’s case, however, the situation seems unlikely to escalate to a point where a cognizable offence will be registered, as the preliminary findings in KK’s post-mortem reportedly deem cardiac arrest as the cause of death, and appear to rule out any foul play.

It is still possible that the investigation could discover aggravating factors which may have led to the singer's heart attack, which may even lead to accusations against other persons. However, how this case shapes up legally will only become clearer in the coming days.