CrPC 176→BNSS 196

CrPC 176 to BNSS 196: Inquiry by Magistrate into cause of death

Section 176 CrPC (1973) replaced by Section 196 BNSS (2023)

View CrPC Section 176 →View BNSS Section 196 →

CrPC 176 to BNSS 196 at a Glance

Section 176 CrPC (Inquiry by Magistrate into cause of death) is now Section 196 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 176 to BNSS 196?

Section 196 BNSS has the same heading as Section 176 CrPC, Inquiry by Magistrate into cause of death. Section 176(1A) CrPC is found in Section 196(2) BNSS and Section 176(2) CrPC to Section 176(5) CrPC in Section 196(3) BNSS to Section 196(6) BNSS. Section 196(1) BNSS refers to Section 194 BNSS where Section 176(1) CrPC referred to Section 174 CrPC. Section 196(2) BNSS reads the Magistrate where Section 176(1A) CrPC read the Judicial Magistrate or the Metropolitan Magistrate, as the case may be, and this Sanhita where Section 176(1A) CrPC read this Code. Section 196(3) BNSS reads specified where Section 176(2) CrPC read prescribed. Section 196(6) BNSS reads the Magistrate or the Executive Magistrate or the police officer where Section 176(5) CrPC read the Judicial Magistrate or the Metropolitan Magistrate or Executive Magistrate or police officer, and does not have the words as the case may be.

CrPC 176 vs BNSS 196: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section176196
HeadingInquiry by Magistrate into cause of deathSame
Sub-sections6 sub-sectionsSame
Cross-referencess.174s.194

CrPC 176 and BNSS 196: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 176, CrPC 1973

176. Inquiry by Magistrate into cause of death.—(1) 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) 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.
BNSS 2023 (in force)

Section 196, BNSS 2023

196. Inquiry by Magistrate into cause of death.—(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 Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 194, 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. (2) 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 Sanhita in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Magistrate within whose local jurisdiction the offence has been committed. (3) The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter specified according to the circumstances of the case. (4) 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. (5) 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. (6) The Magistrate or the Executive Magistrate or the police officer holding an inquiry or investigation under sub-section (2) 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.

When It Applies: CrPC 176 vs BNSS 196

Under CrPC 176
  1. When the case is of the nature referred to in Section 174(3)(i) CrPC or Section 174(3)(ii) CrPC, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in Section 174(1) CrPC 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.
  2. A Magistrate who holds such an inquiry under Section 176(1) CrPC shall have all the powers in conducting it which he would have in holding an inquiry into an offence.
  3. Under Section 176(1A) CrPC, where any person dies or disappears, or 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, 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, in addition to the inquiry or investigation held by the police.
  4. The Magistrate holding such an inquiry shall record the evidence taken by him in connection with it in any manner prescribed later in the Code according to the circumstances of the case.
  5. 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, Section 176(3) CrPC says the Magistrate may cause the body to be disinterred and examined.
  6. Where an inquiry is to be held under Section 176 CrPC, Section 176(4) CrPC says 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. The Explanation says relative means parents, children, brothers, sisters and spouse.
Under BNSS 196
  1. When the case is of the nature referred to in Section 194(3)(i) BNSS or Section 194(3)(ii) BNSS, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in Section 194(1) BNSS 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.
  2. A Magistrate who holds such an inquiry under Section 196(1) BNSS shall have all the powers in conducting it which he would have in holding an inquiry into an offence.
  3. Under Section 196(2) BNSS, where any person dies or disappears, or 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, an inquiry shall be held by the Magistrate within whose local jurisdiction the offence has been committed, in addition to the inquiry or investigation held by the police.
  4. The Magistrate holding such an inquiry shall record the evidence taken by him in connection with it in any manner specified later in the Sanhita according to the circumstances of the case.
  5. 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, Section 196(4) BNSS says the Magistrate may cause the body to be disinterred and examined.
  6. Where an inquiry is to be held under Section 196 BNSS, Section 196(5) BNSS says 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. The Explanation says relative means parents, children, brothers, sisters and spouse.

Time Limits: CrPC 176 to BNSS 196

Under CrPC 176
  • Under Section 176(5) CrPC, the body shall be forwarded within twenty-four hours of the death of a person 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.Act text: “shall, within twenty-four hours of the death of a person, forward the body with a view to its being examined”
Under BNSS 196
  • Under Section 196(6) BNSS, the body shall be forwarded within twenty-four hours of the death of a person 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.Act text: “shall, within twenty-four hours of the death of a person, forward the body with a view to its being examined”

What CrPC 176 to BNSS 196 Means in Practice

Section 196(2) BNSS says an inquiry shall be held by the Magistrate within whose local jurisdiction the offence has been committed, and does not name the Judicial Magistrate or the Metropolitan Magistrate. Section 176(1A) CrPC named the Judicial Magistrate or the Metropolitan Magistrate, as the case may be.

FAQs: CrPC 176 to BNSS 196

Where is Section 176 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 176(1) CrPC is found in Section 196(1) BNSS, Section 176(1A) CrPC in Section 196(2) BNSS, Section 176(2) CrPC in Section 196(3) BNSS, Section 176(3) CrPC in Section 196(4) BNSS, Section 176(4) CrPC in Section 196(5) BNSS and Section 176(5) CrPC in Section 196(6) BNSS.

Which Magistrate holds the inquiry in a custody case under Section 196(2) BNSS and Section 176(1A) CrPC?▼

Section 196(2) BNSS says an inquiry shall be held by the Magistrate within whose local jurisdiction the offence has been committed. Section 176(1A) CrPC said 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.

Who forwards the body within twenty-four hours under Section 196(6) BNSS compared with Section 176(5) CrPC?▼

Section 196(6) BNSS reads the Magistrate or the Executive Magistrate or the police officer holding an inquiry or investigation under Section 196(2) BNSS. Section 176(5) CrPC read the Judicial Magistrate or the Metropolitan Magistrate or Executive Magistrate or police officer holding an inquiry or investigation, as the case may be, under Section 176(1A) CrPC. Both sections have the words within twenty-four hours of the death of a person.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·