Section 196 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 196 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 196 of the BNSS, 2023, mandates that a Magistrate conduct an inquiry into the cause of death in specific circumstances, ensuring accountability and transparency, particularly in custodial deaths or disappearances.
📜 Full Text of Section 196
196. Inquiry by Magistrate into cause of death
Mandatory Inquiry in Specific Cases:
When a person dies or disappears, or when rape is alleged to have been committed on any woman while in police or judicial custody, an inquiry must be conducted by the Magistrate within whose jurisdiction the offense occurred.
Additional Inquiry:
In cases where the nature of the death or disappearance is as specified in clauses (i) or (ii) of subsection (3) of section 194, the nearest Magistrate empowered to hold inquests shall conduct an inquiry into the cause of death. In other cases mentioned in subsection (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. The Magistrate shall have all the powers in conducting it that they would have in holding an inquiry into an offense
Recording of Evidence:
The Magistrate holding such an inquiry shall record the evidence taken by them in connection therewith in any manner specified according to the circumstances of the case
Examination of the Dead Body:
Whenever the 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 death, the Magistrate may cause the body to be disinterred and examined.
Informing Relatives:
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.
Forwarding the Body for Examination:
The Magistrate, Executive Magistrate, or police officer holding an inquiry or investigation under subsection (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
⚖️ Comparison with the Indian Penal Code (IPC)
Section 196 of the BNSS, 2023, aligns with Section 176 of the Indian Penal Code (IPC), which also addresses inquiries into the cause of death. Both provisions aim to ensure that deaths, especially those occurring under suspicious circumstances or in custody, are thoroughly investigated to uphold justice and accountability.
🧭 Purpose and Significance
Custodial Accountability: Ensures that deaths or disappearances occurring in police or judicial custody are subject to independent scrutiny
Transparency: Mandates the involvement of the deceased's relatives in the inquiry process, promoting transparency and trust in the legal system.
Legal Oversight: Provides a legal framework for conducting inquiries into deaths, ensuring that such investigations are carried out systematically and impartially.
Medical Examination: Requires prompt medical examination of the deceased's body, facilitating accurate determination of the cause of death.
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