Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 196: Inquiry by Magistrate into cause of death
(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 Judicial 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 Judicial 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 Judicial 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.
Brefe Detail
This section outlines the procedures and responsibilities of Judicial Magistrates regarding inquiries into causes of death. It specifies circumstances under which inquiries must be held, the roles of the Magistrate and police, the need to inform relatives, and the potential for disinterring bodies for examination.
Question & Answers
What cases require an inquiry by a Judicial Magistrate?
An inquiry is required when a person dies or disappears, or when rape is alleged while the individual is in custody.
Who is responsible for conducting the inquiry?
The nearest Judicial Magistrate empowered to hold inquests is responsible, or any empowered Magistrate in other cases.
What powers does the Magistrate have during the inquiry?
The Magistrate has all the powers that he would have in holding an inquiry into an offence.
What must be done if the cause of death needs to be examined?
The Magistrate may cause the body to be disinterred for examination.
Are relatives allowed to be present during the inquiry?
Yes, the Magistrate must inform the relatives and allow them to remain present, whenever practicable.
What is the timeline for forwarding the body for examination?
The body must be forwarded to the nearest Civil Surgeon within twenty-four hours of death, unless it is not possible for documented reasons.
Example
- Case of Disappearance: A person disappears while in police custody. The nearest Judicial Magistrate conducts an inquiry to determine the cause of disappearance.
- Rape Allegation: A woman alleges rape while in custody. The Judicial Magistrate must hold an inquiry and ensure that relatives are informed.
- Exhumation for Cause of Death: If a death occurs under suspicious circumstances, the Magistrate may order the body to be disinterred for further examination to uncover the cause of death.
Summary
Section 196 of the Bharatiya Nagarik Suraksha Sanhita, 2023, mandates Judicial Magistrates to conduct inquiries into deaths or disappearances, particularly in custody situations. It establishes the procedures for recording evidence, notifying relatives, and ensuring timely medical examinations, thereby reinforcing accountability in cases of potential misconduct.
