CRPC §176 → BNSS §196
Inquiry by Magistrate into cause of death
Jump to section
Comparison
176. Inquiry by Magistrate into cause of death.—(1) 2[3*** 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. 1. Subs. by Act 46 of 1983, s. 3, for certain words (w.e.f. 25-12-1983). 2. Subs. by, s. 4, ibid., for certain words (w.e.f. 25-12-1983). 3. Certain words omitted by Act 25 of 2005, s. 18 (w.e.f. 23-6-2006). 1[(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. 3[(5) The Judicial Magistrate or the Metropolitan Magistrate or Executive Magistrate or police officer holding an inquiry or investigation, as the case may be, under sub-section (1A) 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. CHAPTER XIII JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
(1) When the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 194, the nearest Judicial Magistrate or, in cases mentioned in clause (i) of that sub-section, an Executive Magistrate empowered in this behalf, shall, in addition to the investigation held by the police officer, hold an inquiry into the cause of death.
(3) 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.
(5) In addition to the inquiry or investigation held by the police, an inquiry shall be conducted by the Judicial Magistrate or the Executive Magistrate within whose local jurisdiction the offence has been committed in cases of death of a person in police custody, or which raises a reasonable suspicion that some other person has committed an offence and, in such cases, the inquiry shall be conducted within three months of the date of death.
(6) In cases of offences punishable with imprisonment for seven years or more, the police officer in charge of the police station shall, on receipt of information of the commission of such an offence, cause the forensic team to visit the crime scene to collect the forensic evidence in the offence and also cause videography of the process on mobile phone or any other electronic device.
What changedAI-inferred
Magisterial inquiry into death — BNSS 196 mandates forensic team for offences with 7+ year punishment.
Old position
CrPC 176 is concerned with Inquiry by Magistrate into cause of death. Inquiry by Magistrate into cause of death
New position
BNSS 196 modifies the framework. Topic: Inquiry by Magistrate into cause of death. When the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 194, the nearest Judicial Magistrate or, in cases mentioned in clause (i) of that sub-section, an Executive Magistrate empowered in this
BNSS 196 modifies CrPC 176. Magisterial inquiry into death — BNSS 196 mandates forensic team for offences with 7+ year punishment. BNSS 196 text: When the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 194, the nearest Judicial Magistrate or, in...
Editorial deltaAI-indicated (source-linked)
BNSS 196 carries forward the CrPC 176 framework on magisterial inquiry into cause of death. The visible operative deltas are: (a) sub-section (1) specifies that the inquiry is to be held by the nearest Judicial Magistrate or, in cases under clause (i) of the inquest sub-section, an Executive Magistrate empowered in this behalf - a textual clarification of the magistrate class; (b) the cross-reference to the inquest provision is updated from CrPC s.174 to BNSS s.194. Sub-section (3) (recording of evidence) is preserved character-identically. Sub-sections (2), (4) and (6) of CrPC 176 are not in this extract; the numbering jump from (1) to (3) to (5) signals partial input_coverage.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 176 continues to apply. For matters from that date forward, BNSS 196 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 196 (Inquiry by Magistrate into cause of death). The relationship is classified as modified — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §176 → BNSS §196 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/176.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.