Bharatiya Nagarik Suraksha Sanhita, 2023
Section 194 BNSS: Police to Enquire and Report on Suicide, Accidental and Suspicious Deaths
Section 194 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs the police inquest procedure when a person dies by suicide, is killed by another person, animal, machinery or accident, or dies in circumstances creating a reasonable suspicion that another person has committed an offence.
What is an inquest under Section 194 BNSS?
For the purpose of Section 194, an inquest is the statutory inquiry into the apparent cause and circumstances of a death falling within the provision. The police officer examines the body and surrounding circumstances in the presence of two or more respectable inhabitants of the neighbourhood and prepares a report recording the apparent cause of death and visible injuries.
The inquest under Section 194 is directed primarily at ascertaining the apparent cause of death. Where the facts disclose an offence, the ordinary criminal investigation provisions may operate in addition to the inquest process.
When Section 194 applies
| Situation | Police duty |
|---|---|
| Suicide | Immediate intimation to the nearest Executive Magistrate empowered to hold inquests and investigation at the place of the body, subject to applicable State rules or orders. |
| Death caused by another person, animal, machinery or accident | The same statutory inquest procedure applies. |
| Death raising reasonable suspicion that another person committed an offence | The police must conduct the inquest and record the apparent cause and injuries. |
| Specified deaths of women within seven years of marriage, doubtful cause of death, or other cases considered expedient | The body is to be forwarded for medical examination subject to the conditions in Section 194(3). |
Text of Section 194 BNSS
194. (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.
Immediate duties of the police
- Inform the Executive Magistrate: The nearest Executive Magistrate empowered to hold inquests must be informed immediately.
- Proceed to the body: Subject to State rules or applicable orders, the police officer proceeds to the place where the body is located.
- Use local witnesses: The inquest investigation is conducted in the presence of two or more respectable inhabitants of the neighbourhood.
- Record the apparent cause of death: The report should describe wounds, fractures, bruises and other visible marks of injury.
- Record apparent manner or instrument: Where possible, the report should state how, or by what weapon or instrument, the injuries appear to have been caused.
Twenty-four-hour deadline for the inquest report
Section 194(2) requires the inquest report to be signed by the police officer and the persons who concur in it, or so many of them as concur, and forwarded to the District Magistrate or Sub-divisional Magistrate within twenty-four hours.
When must the body be sent for medical examination?
Section 194(3) identifies situations in which the body is to be forwarded to the nearest Civil Surgeon or another qualified medical person appointed by the State Government, subject to applicable State rules and practical conditions concerning weather, distance and the risk of putrefaction.
- Suicide by a woman within seven years of marriage.
- Death of a woman within seven years of marriage where circumstances reasonably suggest an offence against her.
- Death of a woman within seven years of marriage where a relative requests such examination.
- Any case where there is doubt regarding the cause of death.
- Any other case where the police officer considers medical examination expedient.
Which Magistrates may hold an inquest?
Under Section 194(4), an inquest may be held by a District Magistrate, a Sub-divisional Magistrate, or another Executive Magistrate specially empowered for that purpose by the State Government or the District Magistrate.
Relationship with Sections 195 and 196 BNSS
Section 195 follows Section 194 and deals with the police power to summon persons for the inquest investigation. Section 196 deals with inquiry by a Magistrate into the cause of death. In specified cases involving a woman's suicide or suspicious death within seven years of marriage, Section 196 requires the nearest Magistrate empowered to hold inquests to conduct an inquiry into the cause of death.
Practical significance of Section 194
Section 194 creates an immediate statutory process for documenting deaths that may require further criminal investigation or medical examination. The inquest report records the apparent cause and visible circumstances of death, while the post-mortem and broader investigation processes may provide the medical and evidentiary basis for determining whether an offence has been committed.
Official legal resources
For authoritative use, consult the current Gazette text of the Bharatiya Nagarik Suraksha Sanhita, 2023, India Code, and the Ministry of Home Affairs materials on the new criminal laws. State Government rules, notifications and orders should also be checked because Section 194 expressly recognizes State-level rules and special empowerment of Executive Magistrates.
Note: This article provides general legal information and is not a substitute for case-specific legal advice.