Chapter XII
Section 176 CrPC: Inquiry by Magistrate into cause of death
New Law Update (2024)
Section 199 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) When any person dies while in the custody of the police or when the case is of the nature referred to in clause (i) or clause (ii) of Sub-Section (3) of section 174, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in Sub-Section (1) of section 174, 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; and if he does so, he shall have all the powers in conducting it, which he would have in holding an inquiry into an offence.
(1A) Where,—
(a) any person dies or disappears, or
(b) rape is alleged to have been committed on any woman,
while such person or woman is in the custody of the police or in any other custody authorised by the Magistrate or the Court under this Code, in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Judicial Magistrate or the Metropolitan Magistrate, as the case may be, within whose local jurisdiction the offence has been committed.
(2) The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter prescribed according to the circumstances of the case.
(3) Whenever such 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 his death, the Magistrate may cause the body to be disinterred and examined.
(4) 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.
(5) In cases falling under sub-section (1A), the Judicial Magistrate or Metropolitan Magistrate shall 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.
Important Sub-Sections Explained
Section 176(1A)
This crucial sub-section mandates a judicial inquiry by a Judicial Magistrate or Metropolitan Magistrate when a person dies, disappears, or is alleged to have been raped while in police or any other authorised custody, ensuring an independent investigation beyond that conducted by the police.
Section 176(5)
This sub-section makes it compulsory for the Judicial or Metropolitan Magistrate, in cases of custodial death under sub-section (1A), to forward the body for medical examination by a Civil Surgeon or other qualified medical person within twenty-four hours, unless specific reasons are recorded in writing for not doing so.
Landmark Judgements
D.K. Basu v. State of West Bengal (1997):
This landmark Supreme Court judgment laid down comprehensive guidelines to be followed during arrest and detention to prevent custodial torture and deaths. It emphasized the importance of human dignity and accountability for violations of fundamental rights in custody.
Smt. Nilabati Behera v. State of Orissa (1993):
The Supreme Court, in this case, held that the State is liable to compensate the victim or their family for custodial death or injuries. It firmly established the principle of ‘public law remedy’ for monetary compensation for infringement of fundamental rights, particularly Article 21, in cases of custodial violence.