Section 194 of BNSS, 2023 — Police to Enquire and Report on Suicide, etc.

Section 194 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the police procedure when information is received about certain unnatural, suspicious or unexplained deaths. It requires the police to make an immediate inquiry into the apparent cause of death and prepare an inquest report.

The provision is part of the statutory framework for investigating deaths where the circumstances require an official inquiry before the exact cause and manner of death are determined. Its purpose is to preserve the initial facts surrounding the death, identify visible injuries and suspicious circumstances, and ensure appropriate reporting and medical examination where required.

Meaning of Police Inquiry and Report under Section 194

Section 194 provides for a police inquiry commonly associated with an inquest. The immediate object of the inquiry is to ascertain the apparent cause of death and to record the circumstances disclosed at the place where the body is found.

The inquiry under this section is not a full-fledged trial or a final determination of criminal liability. The police officer examines the circumstances surrounding the death and prepares a report regarding the apparent cause of death.

The inquiry may arise where a person:

• has committed suicide;
• has been killed by another person;
• has been killed by an animal;
• has been killed by machinery;
• has died due to an accident; or
• has died under circumstances creating a reasonable suspicion that another person has committed an offence.

Statutory Basis

The principal provision is:

Section 194 of BNSS, 2023

Police to enquire and report on suicide, etc.

Connected provisions include:

• Section 195, which deals with the power to summon persons for the purpose of an investigation under Section 194.
• Section 196, which deals with inquiry by a Magistrate into the cause of death.

Object and Purpose

Section 194 serves several important procedural purposes.

First, it ensures an immediate official response when information is received regarding an unnatural or suspicious death.

Second, it requires the police to record the apparent cause of death and visible injuries before the condition of the body or the surrounding circumstances change.

Third, it provides for communication with the Executive Magistrate empowered to hold inquests.

Fourth, in specified cases, it requires the body to be forwarded for medical examination.

The provision is therefore concerned primarily with discovering and documenting the apparent cause and circumstances of death at the initial stage.

When Section 194 Applies

Section 194 applies when the officer in charge of a police station, or another police officer specially empowered by the State Government, receives information about a death falling within the categories specified in the section.

1. Suicide

The section applies where information is received that a person has committed suicide.

2. Death Caused by Another Person

It applies where a person has been killed by another person.

3. Death Caused by an Animal

The provision also covers a death caused by an animal.

4. Death Caused by Machinery

Where a person has been killed by machinery, the procedure under Section 194 may apply.

5. Accidental Death

The section applies where the death has occurred as a result of an accident.

6. Suspicious Death

It also applies where a person has died under circumstances giving rise to a reasonable suspicion that another person has committed an offence.

This category is particularly significant because the exact cause of death may not initially be known, but the surrounding circumstances may justify an official inquiry.

Procedure under Section 194

1. Receipt of Information

The procedure begins when the officer in charge of a police station, or another police officer specially empowered by the State Government, receives information regarding a death covered by Section 194.

2. Immediate Intimation to the Executive Magistrate

The police officer must immediately give intimation to the nearest Executive Magistrate empowered to hold inquests.

3. Proceeding to the Place Where the Body Is Found

Unless otherwise directed by:

• a rule made by the State Government; or
• a general or special order of the District Magistrate or Sub-divisional Magistrate,

the police officer must proceed to the place where the body of the deceased person is located.

4. Investigation in the Presence of Local Persons

The investigation is to be conducted in the presence of two or more respectable inhabitants of the neighbourhood.

Their presence is intended to provide an independent local presence during the initial examination of the circumstances surrounding the death.

5. Preparation of the Report

The police officer must draw up a report regarding the apparent cause of death.

The report must describe, where found:

• wounds;
• fractures;
• bruises; and
• other marks of injury on the body.

The report must also state, where possible, the manner in which such marks appear to have been inflicted and the weapon or instrument, if any, by which they appear to have been caused.

6. Signing and Forwarding the Report

The report must be signed by the police officer and by the other persons who concur in it.

It must be forwarded to the District Magistrate or the Sub-divisional Magistrate within twenty-four hours.

Medical Examination of the Body

Section 194 requires the body to be forwarded for examination in specified situations.

Subject to rules prescribed by the State Government, the police officer must forward the body for examination to the nearest Civil Surgeon or another qualified medical person appointed by the State Government where:

1. Suicide by a Woman Within Seven Years of Marriage

The case involves the suicide of a woman within seven years of her marriage.

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

The case concerns the death of a woman within seven years of her marriage in circumstances raising a reasonable suspicion that another person committed an offence in relation to her.

3. Request by a Relative

The death concerns a woman within seven years of her marriage and a relative of the woman has requested such examination.

4. Doubt Regarding the Cause of Death

There is doubt regarding the cause of death.

5. Other Cases Where Medical Examination Is Considered Expedient

The police officer considers it expedient, for any other reason, to forward the body for examination.

The forwarding of the body is subject to practical considerations relating to the weather and distance. The body should be capable of being transported without such risk of putrefaction during the journey that the medical examination would become useless.

Powers and Duties of the Police Officer

Duty to Give Immediate Intimation

The police officer must immediately inform the nearest Executive Magistrate empowered to hold inquests.

Duty to Conduct the Inquiry

Subject to the statutory exceptions and directions contemplated by the provision, the police officer must proceed to the place where the body is located and conduct the required investigation.

Duty to Prepare an Inquest Report

The officer must prepare a report regarding the apparent cause of death and record the injuries and marks found on the body.

Duty to Forward the Report

The report must be forwarded to the District Magistrate or Sub-divisional Magistrate within twenty-four hours.

Duty to Forward the Body for Examination in Specified Cases

In the circumstances specified in Section 194, the police officer is required to forward the body for medical examination, subject to the conditions contained in the provision.

Magistrates Empowered to Hold Inquests

Section 194 recognises the authority of certain Executive Magistrates to hold inquests.

The following Magistrates are empowered to hold inquests:

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

Nature and Scope of the Inquiry

The inquiry under Section 194 is limited to determining the apparent cause of death and recording the relevant circumstances and visible injuries.

It does not finally determine:

• whether a particular person committed an offence;
• whether an accused is guilty; or
• the final criminal liability arising from the death.

Where the facts disclose the commission of an offence, a separate criminal investigation may proceed in accordance with the applicable provisions of BNSS.

Thus, an inquest under Section 194 and a criminal investigation serve different procedural purposes.

Important Distinctions

Inquiry under Section 194 and Investigation of an Offence

An inquiry under Section 194 is concerned with the apparent cause and circumstances of death. A criminal investigation is directed towards investigating an alleged offence and collecting material relevant to determining whether an offence has been committed and by whom.

The inquest does not replace a proper criminal investigation where the circumstances disclose a cognizable offence.

Police Inquiry and Magistrate’s Inquiry

Section 194 primarily deals with the police inquiry into specified deaths.

Section 196 separately provides for an inquiry by a Magistrate into the cause of death in cases covered by that provision. In specified cases, the Magistrate’s inquiry is mandatory, while in other cases referred to in Section 194, an empowered Magistrate may hold an inquiry.

Inquest Report and Medical Examination

The inquest report records the apparent cause of death and visible circumstances observed during the police inquiry.

A medical examination is conducted by an appropriate medical professional to examine the body and assist in determining matters relating to the cause of death. The two processes serve different functions.

Section 194 and Section 195

Section 195 is directly connected with Section 194.

A police officer proceeding under Section 194 may summon, by a written order, two or more persons referred to for the purpose of the investigation and any other person appearing to be acquainted with the facts of the case.

Such persons are generally bound to attend and answer truthfully, subject to the statutory protection against being compelled to answer questions whose answers would tend to expose them to a criminal charge, penalty or forfeiture.

Section 195 therefore provides an additional procedural power for obtaining information during an inquiry under Section 194.

Section 194 and Section 196

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

In cases involving:

• suicide by a woman within seven years of marriage; or
• the death of a woman within seven years of marriage under circumstances raising a reasonable suspicion that another person committed an offence in relation to her,

the nearest Magistrate empowered to hold inquests is required to hold an inquiry into the cause of death.

In other cases referred to in Section 194, an empowered Magistrate may hold an inquiry instead of, or in addition to, the police investigation.

BNSS and CrPC

Section 194 of BNSS substantially corresponds to Section 174 of the Code of Criminal Procedure, 1973.

The basic framework continues under BNSS. The police are required to act upon receiving information regarding specified unnatural or suspicious deaths, inform the appropriate Executive Magistrate, conduct an inquiry, prepare a report on the apparent cause of death, and forward the report to the appropriate Magistrate.

The provision relating to medical examination in specified cases also substantially continues the earlier procedural framework.

Accordingly, Section 194 represents a renumbered continuation of the inquest procedure previously dealt with under Section 174 of the CrPC, while its operation must be understood according to the text and scheme of BNSS, 2023.

Relationship with BNS and BSA

The Bharatiya Nyaya Sanhita, 2023 defines substantive offences and punishments.

The Bharatiya Nagarik Suraksha Sanhita, 2023 provides the procedure for dealing with criminal matters, including the initial police response and inquiry into deaths under Section 194.

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

Where a death ultimately gives rise to a criminal prosecution, Section 194 may form part of the initial procedural response, while the alleged offence is determined under the applicable substantive law and evidentiary questions are governed by the law of evidence.

Common Confusions

Does every death require an inquiry under Section 194?

No.

Section 194 applies to the categories of deaths specified in the provision, including suicide, certain unnatural deaths, accidental deaths and deaths occurring under suspicious circumstances.

Does the inquest report decide who committed the offence?

No.

The purpose of the inquiry is to ascertain and record the apparent cause and circumstances of death. It is not a final determination of criminal guilt.

Is a post-mortem examination required in every case?

No.

Section 194 specifically identifies circumstances in which the body must be forwarded for medical examination, subject to the conditions stated in the provision. The section also permits such forwarding where the police officer considers it expedient for another reason.

Can a Magistrate also inquire into the cause of death?

Yes.

Section 196 provides for a Magistrate’s inquiry into the cause of death in specified circumstances. In certain cases, such an inquiry is mandatory, while in other cases covered by Section 194, it may be held by an empowered Magistrate.

Example

A person is found dead under circumstances suggesting that the death may have resulted from an accident, but there are also unexplained injuries on the body.

The police officer receiving the information must follow the procedure under Section 194. The appropriate Executive Magistrate must be informed, the circumstances and apparent injuries must be examined, and a report regarding the apparent cause of death must be prepared. If there is doubt regarding the cause of death, the body must be forwarded for medical examination in accordance with the statutory requirements.

Topic at a Glance

• Topic: Police inquiry and report on suicide and other specified deaths.
• BNSS Provision: Section 194.
• Purpose: To conduct an immediate official inquiry into the apparent cause of specified unnatural or suspicious deaths.
• Authority: Officer in charge of a police station or another police officer specially empowered by the State Government.
• Initial Step: Immediate intimation to the nearest Executive Magistrate empowered to hold inquests.
• Inquiry: Examination at the place where the body is found, ordinarily in the presence of two or more respectable inhabitants of the neighbourhood.
• Report: Must record the apparent cause of death and relevant visible injuries and marks.
• Forwarding of Report: To the District Magistrate or Sub-divisional Magistrate within twenty-four hours.
• Medical Examination: Required in specified circumstances, including certain deaths of women within seven years of marriage and cases where there is doubt regarding the cause of death.
• Connected Provisions: Sections 195 and 196 of BNSS.
• CrPC Comparison: Broadly corresponds to Section 174 of the CrPC.

Quick Revision

• Section 194 deals with police inquiry and reporting on suicide and other specified deaths.
• It applies to suicide, death caused by another person, animal, machinery or accident, and suspicious deaths suggesting the commission of an offence.
• The nearest Executive Magistrate empowered to hold inquests must be immediately informed.
• The police officer ordinarily proceeds to the place where the body is found.
• The inquiry is conducted in the presence of two or more respectable inhabitants of the neighbourhood.
• The report records the apparent cause of death and visible injuries, including wounds, fractures, bruises and other marks.
• The report is forwarded to the District Magistrate or Sub-divisional Magistrate within twenty-four hours.
• Medical examination is required in the circumstances specified in Section 194.
• Section 195 provides a power to summon persons during an investigation under Section 194.
• Section 196 provides for inquiry by a Magistrate into the cause of death.
• Section 194 substantially corresponds to Section 174 of the CrPC.
• An inquiry under Section 194 does not finally determine criminal guilt.

ALSO READ: Section 193 – Report of police officer on completion of investigation

Conclusion

Section 194 of BNSS, 2023 establishes the statutory procedure for the initial police response to specified unnatural, accidental and suspicious deaths. By requiring prompt intimation to the appropriate Executive Magistrate, examination of the circumstances surrounding the death, preparation of an inquest report and medical examination in specified cases, the provision creates an important procedural mechanism for documenting the apparent cause of death and preserving the circumstances requiring further legal scrutiny.