(1) When the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 194, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 194, 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. (2) 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 authorisedby the Magistrate or the Court, under this Sanhita in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Magistrate within whose local jurisdiction the offence has been committed. (3) The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter specified according to the circumstances of the case. (4) 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. (5) 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. (6) The Magistrate or the Executive Magistrate or the police officer holding an inquiry or investigation under sub-section (2) 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.
Bharatiya Nagarik Suraksha Sanhita
Section 196
Inquiry by Magistrate into cause of death
⚡ Quick Answer Reference: Section 196 BNSS
- Provision: Section 196 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
- Jurisdiction: India
- Summary: This section allows a Magistrate to investigate the cause of death in certain cases, either instead of or in addition to a police investigation, and outlines the procedures for such an inquiry.
What does Section 196 of BNSS say?
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What does Section 196 of BNSS mean?
Plain English Explanation
This section allows a Magistrate to investigate the cause of death in certain cases, either instead of or in addition to a police investigation, and outlines the procedures for such an inquiry.
Practical Interpretation
In practice, this section enables Magistrates to oversee investigations into deaths that occur in custody or under suspicious circumstances, ensuring a thorough and impartial inquiry.
Core Legal Purpose
The core purpose of this section is to provide a legal framework for Magistrates to investigate deaths, particularly those occurring in custody, and to ensure that such investigations are conducted in a fair and transparent manner.
- •The case must be of a nature referred to in clause (i) or clause (ii) of sub-section (3) of section 194, or any other case mentioned in sub-section (1) of section 194.
- •The Magistrate must be empowered to hold inquests and have all the powers in conducting the inquiry as they would in holding an inquiry into an offence.
- •The key legal test is whether the death occurred in custody or under suspicious circumstances, requiring a Magistrate-led inquiry.
- •A key exception is when the police investigation is sufficient, and a Magistrate-led inquiry is not necessary.
Practical Example of Section 196 BNSS
For instance, if Rajesh dies in police custody, the nearest Magistrate empowered to hold inquests may conduct an inquiry into the cause of death, in addition to the police investigation. The Magistrate will record evidence, and if necessary, may cause the body to be disinterred and examined. The Magistrate will also inform Rajesh's relatives and allow them to remain present at the inquiry.
Frequently Asked Questions about Section 196 BNSS
Q: What is the punishment or consequence under Section 196 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to cases where a person dies or disappears in the custody of the police or in any other custody authorized by the Magistrate or the Court.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not classify an offence as bailable or cognizable.
Common Questions about Section 196 BNSS
What is Section 196 of BNSS?
Section 196 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Inquiry by Magistrate into cause of death". In plain terms: This section allows a Magistrate to investigate the cause of death in certain cases, either instead of or in addition to a police investigation, and outlines the procedures for such an inquiry.
What is the punishment under Section 196 of BNSS?
Section 196 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 196 of BNSS bailable or non-bailable?
Whether Section 196 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 196 of BNSS?
The essential elements of Section 196 of BNSS are: The case must be of a nature referred to in clause (i) or clause (ii) of sub-section (3) of section 194, or any other case mentioned in sub-section (1) of section 194.; The Magistrate must be empowered to hold inquests and have all the powers in conducting the inquiry as they would in holding an inquiry into an offence.; The key legal test is whether the death occurred in custody or under suspicious circumstances, requiring a Magistrate-led inquiry..
Landmark Judgments under Section 196 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 196
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