CrPC Section 176 — Inquiry by Magistrate into cause of death

CHAPTER XII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

General

Summary

Sub-section (1) For the cases referred to in section 174(3), clause (i) or clause (ii), the nearest Magistrate empowered to hold inquests must inquire into the cause of death. For any other case mentioned in section 174(1), a Magistrate with that power may hold an inquiry. In either kind of case, the Magistrate may inquire instead of, or in addition to, the police investigation. If the Magistrate holds an inquiry, the Magistrate has the powers for conducting it that would be available when inquiring into an offence.

Sub-section (1A) Where (a) a person dies or disappears, or (b) rape is alleged to have been committed on a woman, while that person or woman is in police custody or in other custody authorised by a Magistrate or Court under this Code, an inquiry must be held in addition to the police inquiry or investigation. It must be held by the Judicial Magistrate or Metropolitan Magistrate, as applicable, whose local jurisdiction includes the place where the offence was committed.

Sub-section (2) The Magistrate holding the inquiry must record the evidence taken in connection with it in the manner prescribed, according to the circumstances of the case.

Sub-section (3) If the Magistrate considers it appropriate to examine the body of someone who has already been buried to find the cause of death, the Magistrate may have the body disinterred and examined.

Sub-section (4) When an inquiry is to be held under this section, the Magistrate must, where practicable, inform the deceased person’s relatives whose names and addresses are known, and allow them to be present at the inquiry.

Sub-section (5) A Judicial Magistrate, Metropolitan Magistrate, Executive Magistrate or police officer holding an inquiry or investigation under sub-section (1A) must, within 24 hours of a person’s death, send the body for examination to the nearest Civil Surgeon or other qualified medical person appointed by the State Government for this purpose. This is not required if sending the body is not possible for reasons recorded in writing.

Explanation. “Relative” means parents, children, brothers, sisters and spouse.

Official Text

(1) 2[3*** when the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 174], the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 174, any Magistrate so empowered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police officer; and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence. 1. Subs. by Act 46 of 1983, s. 3, for certain words (w.e.f. 25-12-1983). 1[

(1A) Where,—

(a) any person dies or disappears, or

(b) rape is alleged to have been committed on any woman, while such person or woman is in the custody of the police or in any other custody authorised by the Magistrate or the Court, under this Code in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Judicial Magistrate or the Metropolitan Magistrate, as the case may be, within whose local jurisdiction the offence has been committed.]

(2) The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter prescribed according to the circumstances of the case.

(3) Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined.

(4) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present at the inquiry. 3[

(5) The Judicial Magistrate or the Metropolitan Magistrate or Executive Magistrate or police officer holding an inquiry or investigation, as the case may be, under sub-section (1A) shall, within twenty-four hours of the death of a person, forward the body with a view to its being examined to the nearest Civil Surgeon or other qualified medical person appointed in this behalf by the State Government, unless it is not possible to do so for reasons to be recorded in writing.] Explanation.—In this section, the expression “relative” means parents, children, brothers, sisters and spouse.

Sections referred to

Referred to by

Related Judgments

  • SHAMIMA KAUSER vs UNION OF INDIA AND ORS — Supreme Court of India (2010)
  • Daphne Beatrice Sequeira … vs 1.The State of Maharashtra, 2. The Superintendent, Yerwada Central Pri — Bombay High Court (Mumbai Principal Seat) (2017)
  • ASOKAN vs STATE REPRESENTED BY PUBLIC PROSECUTOR, MADRAS — Supreme Court of India (2000)

Old <-> New Code Mapping

  • BNSS §196 — Inquiry by Magistrate into cause of death