Section 196 BNSS: Inquiry by Magistrate into cause of death
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 196 BNSS at a Glance
Section 196 BNSS deals with inquiry by Magistrate into cause of death. It replaced Section 176 CrPC on 1 July 2024.
Section 196 BNSS Bare Act Text
(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.
Source: Section 196, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 196 BNSS in Simple Words
Section 196 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with an inquiry by a Magistrate into the cause of death. Under Section 196(1) BNSS, the nearest Magistrate empowered to hold inquests shall hold an inquiry into the cause of death. This applies when the case is of the nature referred to in Section 194(3)(i) BNSS or Section 194(3)(ii) BNSS. In any other case mentioned in Section 194(1) BNSS, any Magistrate so empowered may hold the inquiry. In both cases the inquiry is held either instead of, or in addition to, the investigation held by the police officer. A Magistrate who holds such an inquiry shall have all the powers in conducting it that the Magistrate would have in holding an inquiry into an offence. Section 196(2) BNSS applies where any person dies or disappears while in custody. It also applies where rape is alleged to have been committed on any woman while in custody.
The custody is that of the police, or any other custody authorised by the Magistrate or the Court under the Sanhita. That inquiry is in addition to the inquiry or investigation held by the police. It shall be held by the Magistrate within whose local jurisdiction the offence has been committed. Under Section 196(3) BNSS, the Magistrate holding such an inquiry shall record the evidence taken by the Magistrate in connection with it. The evidence shall be recorded in any manner specified later in the Sanhita, according to the circumstances of the case. Under Section 196(4) BNSS, the Magistrate may cause the dead body of a person already interred to be disinterred, meaning taken out of the grave, and examined. The Magistrate may do so whenever the Magistrate considers the examination expedient in order to discover the cause of death. Under Section 196(5) BNSS, where an inquiry is to be held under Section 196 BNSS, the Magistrate shall, wherever practicable, inform those relatives of the deceased whose names and addresses are known.
The Magistrate shall also allow those relatives to remain present at the inquiry. Section 196(6) BNSS applies to the Magistrate, the Executive Magistrate or the police officer holding an inquiry or investigation under Section 196(2) BNSS. That person shall forward the body for examination within twenty-four hours of the death of a person. The body goes to the nearest Civil Surgeon, or to another qualified medical person appointed by the State Government for this purpose. The exception is where it is not possible to do so, for reasons to be recorded in writing. In Section 196 BNSS, the expression relative means parents, children, brothers, sisters and spouse.
When Section 196 BNSS Applies
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 Under Section 196 BNSS
- 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”
Example of Section 196 BNSS
When Section 196 BNSS Does Not Apply
- Section 196(1) BNSS speaks of a Magistrate's inquiry into the cause of death. It does not deal with the police officer's duty to enquire and report on suicide, which is the subject of Section 194 BNSS.
- Section 196(3) BNSS speaks of the evidence taken by the Magistrate in an inquiry. It does not deal with the examination of witnesses by a police officer, which is the subject of Section 180 BNSS.
Section 196 BNSS in the CrPC (Previous Law)
Section 196 BNSS replaced Section 176 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 196 BNSS
When is a Magistrate to hold an inquiry into the cause of death under Section 196 BNSS?▼
Under Section 196(1) BNSS, 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 hold an inquiry into the cause of death, and in any other case mentioned in Section 194(1) BNSS any Magistrate so empowered may do so, either instead of, or in addition to, the investigation held by the police officer. Under Section 196(2) BNSS, an inquiry shall also be held by the Magistrate within whose local jurisdiction the offence has been committed, where a person dies or disappears, or rape is alleged on a woman, while in the custody of the police or in any other custody authorised by the Magistrate or the Court.
Which relatives are to be informed of a Magistrate's inquiry under Section 196 BNSS?▼
Under Section 196(5) BNSS, where an inquiry is to be held under Section 196 BNSS, 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 to Section 196 BNSS says relative means parents, children, brothers, sisters and spouse.
Within what time is the body to be forwarded for examination under Section 196 BNSS?▼
Under Section 196(6) BNSS, the Magistrate or the Executive Magistrate or the police officer holding an inquiry or investigation under Section 196(2) BNSS 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.
What changed from Section 176 CrPC to Section 196 BNSS from 1 July 2024?▼
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 reads section 194 where Section 176(1) CrPC read section 174. Section 196(2) BNSS reads under this Sanhita where Section 176(1A) CrPC read under this Code, and reads the Magistrate within whose local jurisdiction the offence has been committed where Section 176(1A) CrPC read the Judicial Magistrate or the Metropolitan Magistrate, as the case may be, within whose local jurisdiction the offence has been committed. Section 196(3) BNSS reads hereinafter specified where Section 176(2) CrPC read hereinafter 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. Section 196(6) BNSS reads holding an inquiry or investigation under Section 196(2) BNSS where Section 176(5) CrPC read holding an inquiry or investigation, as the case may be, under Section 176(1A) CrPC.
Section 196 BNSS: Sub-sections Explained
Section 196(1) BNSS: Inquiry by Magistrate into cause of death
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Bare Act Text
(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.
Section 196(2) BNSS: Inquiry by Magistrate into cause of death
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Bare Act Text
(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.
Previous Law
CrPC 176(1A) → Section 196(2) BNSS
Section 196(3) BNSS: Inquiry by Magistrate into cause of death
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Bare Act Text
(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.
Section 196(4) BNSS: Inquiry by Magistrate into cause of death
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Bare Act Text
(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.
Section 196(5) BNSS: Inquiry by Magistrate into cause of death
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Bare Act Text
(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.
Section 196(6) BNSS: Inquiry by Magistrate into cause of death
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·