CrPC Section 176
CrPC Section 176 – Inquiry by Magistrate into Cause of Death
🔹 Bare Act (Simplified):
When a person dies in police custody, or in any suspicious circumstances, a Magistrate is empowered — and in some cases required — to hold an inquiry in addition to the police investigation.
🔍 Key Provisions of Section 176:
1. Magistrate Inquiry:
When there is a custodial death, suicide, or suspicious death (especially of a woman within 7 years of marriage), a Magistrate (usually Executive or Judicial) must conduct an inquiry.
This is in addition to the regular police investigation.
2. Cases Where Inquiry is Mandatory:
Death, disappearance, or rape in police custody
Death of a woman within 7 years of marriage under suspicious circumstances
Allegations of police misconduct during custody
3. Powers of the Magistrate:
The Magistrate can:
Record evidence,
Summon witnesses,
Order a post-mortem examination,
Visit the place of death if needed.
✅ Key Points:
| Feature | Details |
|---|---|
| Who conducts inquiry | Magistrate (Executive or Judicial) |
| When is it required | Custodial death, suspicious deaths, or rape/disappearance in custody |
| Purpose | Ensure transparency and accountability in unnatural or custodial deaths |
| Separate from police investigation | Yes, it’s an independent inquiry |
| Post-mortem | May be ordered as part of the inquiry |
📌 Example:
If a person dies in jail under suspicious circumstances, the Magistrate is required to conduct a detailed inquiry to determine cause and responsibility, regardless of what the police investigation finds.
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