Section 196 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 196 is not part of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act replacement). Instead, it belongs to the Bharatiya Nagarik Suraksha Sanhita, 2023 (the CrPC-equivalent).
🕵️ Section 196 – Inquiry by Magistrate into Cause of Death
Under Section 196 of the Bharatiya Nagarik Suraksha Sanhita, 2023:
When a person dies in suspicious circumstances—for example, in custody, or after an alleged crime like rape—the nearest Magistrate empowered to hold inquests must conduct an inquiry into the cause of death.
This judicial inquiry provides independent oversight beyond the standard police investigation (kanoongpt.in, thelawgist.org).
Key points:
Applicable Act: It falls under BNSS, not BSA.
Trigger: Cases involving death in custody or suspicious death.
Procedure: The Magistrate—acting in the capacity of an inquirer—records evidence and examines witnesses to determine how the death occurred (myjudix.com).
🔍 Why You Might Be Confused
The Bharatiya Sakshya Adhiniyam, 2023 deals with evidence rules—how facts are proven in court.
The Bharatiya Nagarik Suraksha Sanhita, 2023 governs criminal procedure, investigations, arrests, and related safeguards—including Section 196.
✅ Summary
Act
Section
Content
BNSS
§196
Mandates judicial inquiry by Magistrate for suspicious deaths
BSA
--
Covers rules of evidence; §196 does not exist here
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