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Code of Criminal Procedure, 1973 · Chapter XII: Information to the Police and Their Powers to Investigate

Section 176: Inquiry by Magistrate into cause of death

The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.

Now in the BNSS section 196 (Inquiry by Magistrate into cause of death)

In plain words

The nearest empowered Magistrate must hold an inquiry into the cause of death in the cases of a married woman's suicide or suspicious death described in clauses (i) and (ii) of sub-section (3) of section 174, and may do so in other cases under that section, with the powers of an inquiry into an offence.

  • Where a person dies or disappears, or a woman is allegedly raped, in police or court-authorised custody, a Judicial or Metropolitan Magistrate must hold an inquiry.
  • The body must be sent for examination within twenty-four hours of a death in custody, unless impossible for recorded reasons.
  • The Magistrate can order exhumation, and must inform and allow the deceased's relatives (parents, children, siblings and spouse) to attend where practicable.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

(1) [* * * 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). 2. Subs. by, s. 4, ibid., for certain words (w.e.f. 25-12-1983). 3. Certain words omitted by Act 25 of 2005, s. 18 (w.e.f. 23-6-2006).

[(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. [(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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 176