Section 194 BNSS: Police to enquire and report on suicide, etc

Section 194 BNSS Bare Act Text

(1) When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule made by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted.

(2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forwarded to the District Magistrate or the Sub-divisional Magistrate within twenty-four hours.

(3) When—

(i) the case involves suicide by a woman within seven years of her marriage; or

(ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or

(iii) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or

(iv) there is any doubt regarding the cause of death; or

(v) the police officer for any other reason considers it expedient so to do, he shall, subject to such rules as the State Government may prescribe in this behalf, 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, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless.

(4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub-divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate.

Source: Section 194, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 194 BNSS in Simple Words

When Section 194 BNSS Applies

• Under Section 194(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the officer in charge of a police station or another specially empowered police officer shall act upon receiving information of a suicide, a killing by another person, an animal, machinery, or an accident, or a death under circumstances raising a reasonable suspicion that some other person has committed an offence.
• Unless a rule made by the State Government or a general or special order of the District or Sub-divisional Magistrate directs otherwise, the officer shall go to the body, investigate in the presence of two or more respectable local residents, and prepare a report on the apparent cause of death describing any injury marks and the weapon or instrument that appears to have inflicted them.
• Under Section 194(2) BNSS, the inquest report shall be signed by the investigating police officer and by the witnessing persons who agree with its contents before it is forwarded to the District Magistrate or the Sub-divisional Magistrate.
• Subject to State Government rules and provided weather and distance allow transport without risk of putrefaction rendering examination useless, the officer under Section 194(3) BNSS shall send the body to the nearest Civil Surgeon or another State-appointed qualified medical person when a woman dies within seven years of her marriage by suicide, in circumstances raising a reasonable suspicion that some other person committed an offence in relation to her, or where any relative of the woman has made a request, or whenever the cause of death is in doubt or the officer considers it expedient.
• Section 194(4) BNSS empowers any District Magistrate, any Sub-divisional Magistrate, and any other Executive Magistrate specially authorised by the State Government or the District Magistrate to hold inquests.

Time Limits Under Section 194 BNSS

• Under Section 194(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the police officer shall immediately notify the nearest Executive Magistrate empowered to hold inquests upon receiving information of the death.Act text: “he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests”
• Under Section 194(2) BNSS, the signed inquest report shall be forwarded to the District Magistrate or the Sub-divisional Magistrate within twenty-four hours.Act text: “shall be forwarded to the District Magistrate or the Sub-divisional Magistrate within twenty-four hours”
• Section 194(3) BNSS uses a period of seven years from the woman's marriage: where she dies within that period by suicide, or in circumstances raising a reasonable suspicion that some other person committed an offence in relation to her, or where any relative of hers has made a request, the police officer shall forward the body for medical examination.Act text: “the case involves suicide by a woman within seven years of her marriage”

Example of Section 194 BNSS

When Section 194 BNSS Does Not Apply

• Section 194(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply where the police officer receives no information of a suicide, a killing by another person, an animal, machinery, or an accident, or a death under circumstances raising a reasonable suspicion that some other person has committed an offence.
• The duty under Section 194(1) BNSS to proceed to the place of the body and conduct an inquest investigation does not apply when a rule made by the State Government or a general or special order of the District or Sub-divisional Magistrate directs otherwise.
• The requirement under Section 194(3) BNSS to forward the body to the nearest Civil Surgeon or other qualified medical person does not apply if the state of the weather and the distance do not allow forwarding the body without risk of putrefaction on the road that would make the examination useless.
• Under Section 194(4) BNSS, an Executive Magistrate who is neither a District Magistrate nor a Sub-divisional Magistrate is not empowered to hold inquests unless specially empowered in that behalf by the State Government or the District Magistrate.

Section 194 BNSS in the CrPC (Previous Law)

FAQs on Section 194 BNSS

Section 194 BNSS: Sub-sections Explained

Sections Related to Section 194 BNSS