Section 196 BNSS: Inquiry by Magistrate into cause of death (Formerly Section 176 CrPC)

Section 196 of Bharatiya Nagarik Suraksha Sanhita, 2023: Inquiry by Magistrate into cause of death

Official Bare Act Text

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

(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 authorised by 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.

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

Inquiry Sec 2(1)(g)

Legal Commentary & Landmark Judgments: Section 196

Section 196 mandates an inquiry by a Magistrate into the cause of death in cases of custodial death, disappearance, or rape in police custody, establishing judicial oversight over custodial atrocities (replacing Section 176 CrPC).

Custodial Death, Disappearance or Rape: Death or disappearance of any person, or rape of a woman, while in custody of police or in any other custody authorized by court.
Mandatory Judicial Inquiry: Judicial Magistrate or Metropolitan/Executive Magistrate MUST hold an inquiry into the cause of death in addition to police inquiry.
Video-Recording & Forensic Autopsy: Mandates post-mortem within twenty-four hours of death and audio-video recording of the post-mortem examination.

Key Landmark Precedents:

D.K. Basu v. State of West Bengal (1997) 1 SCC 416: The Supreme Court held that magisterial inquiry under Section 176 CrPC (Section 196 BNSS) in custodial deaths is an indispensable constitutional safeguard to uncover police brutality and hold perpetrators accountable.
Sube Singh v. State of Haryana (2006) 3 SCC 178: The Apex Court directed that magisterial inquiries into custodial violence must be independent, prompt, and backed by forensic videography.
Extra Judicial Execution Victim Families Association v. Union of India (2016) 14 SCC 578: Reaffirmed that every encounter or custodial death must be subjected to independent magisterial scrutiny.

Courtroom Practice & Strategic Litigation Guidance:

In custodial death or custodial torture cases, immediately apply to the Chief Judicial Magistrate under Section 196(1A) for a judicial magisterial inquiry, demanding preservation of CCTV footage of the police lockup and video recording of the post-mortem.