Section 196 of BNSS, 2023 — Inquiry by Magistrate into Cause of Death

Section 196 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for an inquiry by a Magistrate into the cause of death in specified circumstances. It supplements the police inquiry under Section 194 and ensures additional judicial or magisterial scrutiny where the nature of the death requires it.

The provision is particularly significant in cases involving the suicide or suspicious death of a woman within seven years of her marriage and in cases involving deaths in police custody or other forms of custody. Depending on the circumstances, a Magistrate’s inquiry may be mandatory or discretionary.

Meaning of Inquiry by Magistrate into Cause of Death

An inquiry under Section 196 is a statutory inquiry conducted by a Magistrate for the purpose of ascertaining the cause of a person’s death.

It is distinct from a criminal trial. The Magistrate conducting the inquiry does not determine the guilt or innocence of an accused. The immediate purpose is to examine the circumstances surrounding the death and ascertain its cause in accordance with the procedure prescribed by BNSS.

The inquiry provides an additional level of scrutiny beyond the initial police inquiry under Section 194 in cases where the law considers such scrutiny necessary.

Statutory Basis

Section 196 of BNSS, 2023

Section 196 deals with the inquiry by a Magistrate into the cause of death.

The provision is closely connected with:

• Section 194, dealing with police inquiry and reporting on suicide and other specified deaths;
• Section 195, dealing with the power to summon persons for the purpose of the inquiry; and
• other provisions governing investigation where the facts disclose the commission of an offence.

Object and Purpose

Section 196 serves several procedural purposes.

• It provides independent magisterial scrutiny in specified cases of death.
• It ensures closer examination of deaths occurring in circumstances that may raise serious concerns.
• It provides an additional safeguard in cases involving deaths of women within seven years of marriage.
• It provides scrutiny where a person dies while in police custody or other custody authorised by a Magistrate or Court.
• It enables a Magistrate to examine the cause and circumstances of death separately from the police inquiry.

The provision therefore strengthens procedural oversight in sensitive categories of deaths.

Cases Where a Magistrate’s Inquiry Is Mandatory

A Magistrate’s inquiry is mandatory in the cases specified in Section 196.

1. Suicide of a Woman Within Seven Years of Marriage

Where a woman commits suicide within seven years of her marriage, the nearest Magistrate empowered to hold inquests must inquire into the cause of death.

This requirement recognises the need for additional scrutiny in such cases.

2. Death of a Woman Within Seven Years of Marriage in Suspicious Circumstances

A Magistrate’s inquiry is also mandatory where a woman dies within seven years of her marriage under circumstances giving rise to a reasonable suspicion that another person committed an offence in relation to her.

The inquiry is directed at examining the cause and circumstances of death.

3. Death in Police Custody

Where a person dies while in the custody of the police, the nearest Magistrate empowered to hold inquests must conduct an inquiry into the cause of death.

This requirement is an important safeguard against the abuse of custodial power and ensures independent scrutiny of the circumstances of the death.

4. Death in Other Custody Authorised by a Magistrate or Court

The mandatory inquiry also applies where a person dies in any other custody authorised by a Magistrate or Court.

The statutory protection is therefore not confined only to police custody.

Cases Where a Magistrate May Hold an Inquiry

Section 196 also gives an empowered Magistrate discretionary authority to inquire into the cause of death in other appropriate cases.

In cases referred to in Section 194, a Magistrate empowered to hold inquests may hold an inquiry into the cause of death instead of, or in addition to, the investigation held by the police officer.

This discretionary power enables magisterial scrutiny where the circumstances of the death make such an inquiry appropriate.

Magistrates Empowered to Conduct the Inquiry

The following Magistrates are empowered to hold an inquiry into the cause of death:

• the District Magistrate;
• the Sub-divisional Magistrate; and
• any other Executive Magistrate specially empowered by the State Government or the District Magistrate.

The Magistrate conducting the inquiry must be legally empowered to hold such an inquiry under the statutory framework.

Procedure under Section 196

1. Information Regarding the Death

The procedure begins when information is received regarding a death falling within the categories covered by Section 196.

2. Determination of Whether the Inquiry Is Mandatory

The nature of the death must first be examined to determine whether Section 196 makes a Magistrate’s inquiry compulsory.

A mandatory inquiry is required in the specified categories, including certain deaths of women within seven years of marriage and deaths occurring in police or other authorised custody.

3. Magistrate Proceeds to the Place

The Magistrate proceeds to the place where the body of the deceased person is located, unless circumstances make another course appropriate under the statutory framework.

4. Inquiry into the Cause of Death

The Magistrate conducts an inquiry into the cause and circumstances of the death.

The inquiry may involve examining relevant persons and considering the circumstances disclosed during the inquiry.

5. Recording of Evidence

The Magistrate records the evidence taken during the inquiry.

The evidence must be recorded in the manner prescribed for recording evidence in summons cases, subject to the applicable statutory procedure.

6. Examination or Disinterment of the Body

The Magistrate may direct that the body be examined to discover the cause of death.

Where the body has already been buried, the Magistrate may, in appropriate circumstances, order the body to be disinterred and examined.

This power may be exercised where it is considered expedient to discover the cause of death.

7. Forwarding for Medical Examination

The Magistrate conducting the inquiry may, where considered expedient, direct the body to be forwarded for examination by an appropriate medical professional.

Medical examination may assist in determining the cause of death and the circumstances in which it occurred.

Special Position Where a Woman Dies Within Seven Years of Marriage

Section 196 provides enhanced procedural scrutiny in certain cases involving the death of a woman within seven years of marriage.

A mandatory Magistrate’s inquiry arises where:

• a woman commits suicide within seven years of her marriage; or
• a woman dies within seven years of her marriage under circumstances creating a reasonable suspicion that another person committed an offence in relation to her.

These provisions operate alongside the relevant police inquiry and other criminal procedures that may become applicable depending on the facts of the case.

The Magistrate’s inquiry does not itself establish that an offence has been committed. Its purpose is to examine the cause and circumstances of the death.

Inquiry into Custodial Deaths

Section 196 gives particular importance to deaths occurring in custody.

Where a person dies while in police custody, a Magistrate’s inquiry is mandatory.

The same requirement applies to a person dying in any other custody authorised by a Magistrate or Court.

The purpose of this additional inquiry is to ensure independent scrutiny of deaths occurring when a person’s liberty is under the control or authority of the State or under judicially authorised custody.

This safeguard is closely connected with the constitutional protection of life and personal liberty.

Power to Disinter a Body

Where the body has already been buried, the Magistrate may order its disinterment for examination where it is considered expedient to discover the cause of death.

This power is significant where the cause of death remains uncertain or where further examination is required after burial.

The purpose of disinterment is not to conduct a trial but to facilitate the determination of the cause of death through further examination.

Power to Direct Medical Examination

The Magistrate conducting the inquiry may direct that the body be examined by an appropriate medical professional where such examination is expedient.

Medical examination may assist in determining:

• the cause of death;
• the nature of injuries;
• whether injuries are consistent with the apparent circumstances of death; and
• other medical facts relevant to the inquiry.

The medical examination forms part of the process of discovering the cause of death and does not itself determine criminal liability.

Powers of the Magistrate

A Magistrate conducting an inquiry under Section 196 may exercise powers connected with the statutory inquiry, including:

• conducting an inquiry into the cause of death;
• examining relevant circumstances;
• recording evidence;
• ordering medical examination of the body where appropriate;
• ordering disinterment and examination of a buried body where expedient; and
• conducting the inquiry instead of, or in addition to, the police investigation in appropriate cases covered by Section 194.

The powers must be exercised within the limits and conditions prescribed by BNSS.

Nature and Scope of the Inquiry

The inquiry under Section 196 is an inquiry into the cause of death.

Its principal focus is on:

• how the death occurred;
• the circumstances surrounding the death;
• the apparent cause of death; and
• matters requiring further examination.

The inquiry does not amount to a criminal trial.

It does not finally decide:

• whether an accused person is guilty;
• whether an offence has been conclusively established; or
• the punishment of any person.

Where the facts disclose the commission of an offence, the appropriate criminal investigation and prosecution may proceed separately under the applicable law.

Important Distinctions

Police Inquiry under Section 194 and Magistrate’s Inquiry under Section 196

Section 194 provides for an inquiry by the police into specified deaths and requires the preparation of a report regarding the apparent cause of death.

Section 196 provides for an inquiry by a Magistrate into the cause of death. In specified cases, the Magistrate’s inquiry is mandatory. In other cases covered by Section 194, an empowered Magistrate may conduct an inquiry instead of, or in addition to, the police inquiry.

The Magistrate’s inquiry provides an additional level of independent statutory scrutiny.

Magistrate’s Inquiry and Criminal Trial

A Magistrate’s inquiry under Section 196 is concerned with ascertaining the cause and circumstances of death.

A criminal trial determines the guilt or innocence of an accused person after criminal proceedings have reached the trial stage.

The inquiry into the cause of death is therefore not equivalent to a trial.

Police Custody and Other Authorised Custody

Police custody refers to custody under the control of the police.

Section 196 also extends beyond police custody to cover deaths occurring in other custody authorised by a Magistrate or Court.

The statutory safeguard is therefore broader than deaths occurring solely in police custody.

BNSS and CrPC

Section 196 of BNSS substantially corresponds to Section 176 of the Code of Criminal Procedure, 1973.

The basic framework of a Magistrate’s inquiry into specified deaths continues under BNSS, including mandatory inquiry in certain deaths of women within seven years of marriage and deaths occurring in police or other authorised custody.

The Magistrate’s powers relating to inquiry, examination of the body and, where appropriate, disinterment also continue within the statutory framework.

The provision must, however, be applied according to the language and scheme of Section 196 of BNSS, 2023.

Constitutional Connection

Article 21

Article 21 protects life and personal liberty except according to procedure established by law.

The requirement of an independent Magistrate’s inquiry into custodial deaths under Section 196 provides an important procedural safeguard where a person dies while in the custody or control contemplated by the provision.

The inquiry assists in ensuring that the circumstances of such a death receive independent statutory scrutiny.

Article 14

The exercise of statutory powers and the conduct of an inquiry must conform to constitutional requirements of fairness and non-arbitrariness.

Section 196 establishes a defined legal procedure for the inquiry into sensitive categories of deaths requiring additional scrutiny.

Relationship with BNS and BSA

The Bharatiya Nyaya Sanhita, 2023 deals with substantive criminal offences and punishments.

The Bharatiya Nagarik Suraksha Sanhita, 2023 provides the procedure for investigating offences and conducting statutory inquiries, including an inquiry by a Magistrate into the cause of death under Section 196.

The Bharatiya Sakshya Adhiniyam, 2023 governs the law relating to evidence.

If the inquiry reveals circumstances suggesting the commission of an offence, the relevant substantive offence may arise under BNS, while evidentiary issues in subsequent criminal proceedings are governed by the applicable law of evidence.

Common Confusions

Is a Magistrate’s inquiry required in every unnatural death?

No.

Section 196 makes a Magistrate’s inquiry mandatory only in the categories specifically identified in the provision. In other cases referred to in Section 194, an empowered Magistrate may hold an inquiry where the statutory conditions permit.

Does a Magistrate’s inquiry decide whether a person is guilty?

No.

The purpose of the inquiry is to ascertain the cause and circumstances of death. Criminal guilt is determined through the appropriate criminal process and, where required, a trial.

Can a Magistrate order a buried body to be examined?

Yes.

Where it is considered expedient to discover the cause of death, the Magistrate may order disinterment and examination of a buried body in accordance with the statutory power.

Does a custodial death require independent scrutiny?

Yes.

Section 196 requires an inquiry by the nearest Magistrate empowered to hold inquests where a person dies in police custody or other custody authorised by a Magistrate or Court.

Example

A person dies while in police custody. Even if the police conduct the initial procedures relating to the death, Section 196 requires the nearest Magistrate empowered to hold inquests to conduct an inquiry into the cause of death.

The Magistrate examines the relevant circumstances and may record evidence and direct medical examination where appropriate. If further examination is necessary to discover the cause of death and the body has already been buried, the Magistrate may order disinterment and examination in accordance with the statutory power.

The inquiry is directed at ascertaining the cause and circumstances of death and does not itself constitute a criminal trial against any police officer or other person.

Important BNSS Provisions

• Section 194: Police to enquire and report on suicide, etc.
• Section 195: Power to summon persons.
• Section 196: Inquiry by Magistrate into cause of death.

Topic at a Glance

• Topic: Inquiry by Magistrate into cause of death.
• BNSS Provision: Section 196.
• Purpose: To provide magisterial scrutiny into the cause and circumstances of specified deaths.
• Mandatory Cases: Certain suicides and suspicious deaths of women within seven years of marriage and deaths occurring in police or other authorised custody.
• Discretionary Inquiry: An empowered Magistrate may inquire into other cases referred to in Section 194.
• Main Powers: Conducting the inquiry, recording evidence, directing examination of the body and ordering disinterment where expedient.
• Nature: Statutory inquiry, not a criminal trial.
• Connected Provisions: Sections 194 and 195.
• CrPC Comparison: Substantially corresponds to Section 176 of the CrPC.

Quick Revision

• Section 196 of BNSS deals with an inquiry by a Magistrate into the cause of death.
• It supplements the police inquiry under Section 194.
• A Magistrate’s inquiry is mandatory in specified cases.
• These include the suicide of a woman within seven years of marriage.
• It also applies to the suspicious death of a woman within seven years of marriage where there is reasonable suspicion of an offence.
• A Magistrate’s inquiry is mandatory where a person dies in police custody.
• It also applies where a person dies in other custody authorised by a Magistrate or Court.
• In other appropriate cases covered by Section 194, an empowered Magistrate may hold an inquiry instead of, or in addition to, the police inquiry.
• The Magistrate may record evidence and direct medical examination.
• A buried body may be disinterred and examined where expedient to discover the cause of death.
• The inquiry determines the cause and circumstances of death and does not itself determine criminal guilt.
• Section 196 substantially corresponds to Section 176 of the CrPC.

ALSO READ: Section 195 – Power to summon persons

Conclusion

Section 196 of BNSS, 2023 provides an important mechanism for independent magisterial scrutiny of specified deaths. Its mandatory application to sensitive situations, particularly certain deaths of women within seven years of marriage and deaths occurring in custody, strengthens procedural oversight at a stage where the cause and circumstances of death require careful examination. By empowering the Magistrate to conduct an inquiry, record evidence and direct further examination where necessary, the provision helps ensure that such deaths receive scrutiny beyond the ordinary police inquiry.