Bharatiya Nagarik Suraksha Sanhita, 2023
Section 196 BNSS: Inquiry by Magistrate into Cause of Death
Section 196 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers, and in specified cases requires, a Magistrate to inquire into the cause of death. It is especially important in certain deaths of women within seven years of marriage and in cases involving custodial death, disappearance or alleged rape while a person is in police or other court-authorised custody.
What Section 196 BNSS provides
Section 196 creates a judicial inquiry mechanism separate from the ordinary police inquest. In the specific cases referred to in Section 194(3)(i) and (ii), the nearest Magistrate empowered to hold inquests must inquire into the cause of death. In other cases covered by Section 194(1), an empowered Magistrate may conduct such an inquiry either instead of, or in addition to, the police investigation.
Text of Section 196 BNSS
196. (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.
When is a Magistrate inquiry mandatory?
| Situation | Effect under Section 196 |
|---|---|
| Suicide by a woman within seven years of marriage | The nearest Magistrate empowered to hold inquests shall inquire into the cause of death. |
| Death of a woman within seven years of marriage where circumstances raise reasonable suspicion of an offence against her | The nearest empowered Magistrate shall conduct the inquiry. |
| Death or disappearance while in police custody or other custody authorised by a Magistrate or Court | A Magistrate within whose local jurisdiction the offence was committed shall hold an inquiry in addition to the police inquiry or investigation. |
| Alleged rape of a woman while in such custody | A judicial inquiry by the jurisdictional Magistrate is mandatory in addition to the police inquiry or investigation. |
Other deaths covered by Section 194
For other deaths falling within Section 194(1), including suicide, death caused by another person, animal, machinery or accident, or death under circumstances raising reasonable suspicion of an offence, a Magistrate empowered to hold inquests may hold an inquiry into the cause of death either instead of or in addition to the police investigation.
Powers of the Magistrate during the inquiry
Where a Magistrate conducts an inquiry under Section 196(1), the Magistrate has all the powers that would be available while holding an inquiry into an offence. The Magistrate must also record the evidence taken during the inquiry in the manner permitted by the BNSS according to the circumstances of the case.
Power to order disinterment and examination
Section 196(4) expressly authorises the Magistrate to cause a body that has already been interred to be disinterred and examined where such examination is considered expedient for discovering the cause of death.
Right of relatives to be informed and remain present
Where an inquiry is held under Section 196, the Magistrate must, wherever practicable, inform known relatives of the deceased and allow them to remain present during the inquiry.
For this section, the statutory expression "relative" means parents, children, brothers, sisters and spouse.
Twenty-four-hour medical examination requirement in custodial cases
In an inquiry or investigation under Section 196(2), the Magistrate, Executive Magistrate or police officer must forward the body within twenty-four hours of death to the nearest Civil Surgeon or another qualified medical person appointed by the State Government for examination. If this cannot be done, the reasons must be recorded in writing.
Relationship with Sections 194 and 195 BNSS
Section 194 deals with the police inquest and report on suicide, accidental or suspicious death. Section 195 empowers the police to summon persons for that inquest investigation. Section 196 supplements those provisions by providing for a Magistrate-led inquiry, which is mandatory in the categories expressly identified by the law and discretionary in certain other death inquiries.
Practical significance of Section 196
The provision adds an independent judicial layer to the investigation of sensitive deaths and custodial incidents. Its requirements concerning judicial inquiry, medical examination, recording of evidence, participation of relatives and possible disinterment are intended to preserve evidence and improve scrutiny of the cause and circumstances of death.
Official legal resources
For authoritative reference, consult India Code and the Ministry of Home Affairs materials for the Bharatiya Nagarik Suraksha Sanhita, 2023. State Government rules and notifications should also be checked where implementation details or appointment of medical officers are relevant.
Note: This article provides general legal information and is not a substitute for case-specific legal advice.