Section 194 BNSS: Police to enquire and report on suicide, etc (Formerly Section 174 CrPC)

Section 194 of Bharatiya Nagarik Suraksha Sanhita, 2023: Police to enquire and report on suicide, etc

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule made by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, 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.

(2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forwarded to the District Magistrate or the Sub-divisional Magistrate within twenty-four hours.

(3) When—

(i) the case involves suicide by a woman within seven years of her marriage; or

(ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or

(iii) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or

(iv) there is any doubt regarding the cause of death; or

(v) the police officer for any other reason considers it expedient so to do, he shall, subject to such rules as the State Government may prescribe in this behalf, 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, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless.

(4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub-divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Charge Sec 2(1)(b) Investigation Sec 2(1)(h) Police Station Sec 2(1)(q)

Legal Commentary & Landmark Judgments: Section 194

Section 194 mandates officers in charge of police stations to conduct an inquest and report upon suicide, homicide by animals or machinery, or sudden and unnatural deaths, examining the physical dead body and recording apparent causes of death (replacing Section 174 CrPC).

Unnatural or Suspicious Death: Suicide, murder, accident, or death under circumstances raising reasonable suspicion of foul play.
Immediate Spot Inquest: Officer proceeds to the place where the body is, and in presence of two or more respectable inhabitants, conducts an inquest.
Inquest Report (Panchnama): Report describing wounds, fractures, bruises, and weapons, signed by the police officer and panchas; forward body for post-mortem if foul play suspected.

Key Landmark Precedents:

Podda Narayana v. State of A.P. (1975) 4 SCC 153: The Supreme Court settled that the object of an inquest under Section 174 CrPC (Section 194 BNSS) is merely to ascertain the apparent cause of death, not to identify the perpetrators or record complete witness depositions.
Radha Mohan Singh v. State of U.P. (2006) 2 SCC 450: The Supreme Court reaffirmed that omission to mention names of accused or eyewitnesses in the inquest report does not fatalize the prosecution, as an inquest is not an encyclopedia of the crime.
Shakila Khader v. Vasant Darpe (1975) 4 SCC 778: Highlighted that inquests in custodial death cases require highest scrutiny to eliminate fabricated suicide narratives.

Courtroom Practice & Strategic Litigation Guidance:

Scrutinize the inquest report against the Post-Mortem Report (PMR). If the inquest prepared on the spot fails to mention major gaping wounds or fractures documented in the PMR, or lists a different time of death, challenge the inquest as an ante-dated fabrication.