Section 176 CrPC: Inquiry by Magistrate into cause of death
Code of Criminal Procedure, 1973
Section 176 CrPC at a Glance
Section 176 CrPC deals with inquiry by Magistrate into cause of death. From 1 July 2024 it is replaced by Section 196 BNSS.
What Section 176 CrPC Says
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.
ExplanationIn this section, the expression “relative” means parents, children, brothers, sisters and spouse.
Source: Section 176, Code of Criminal Procedure, 1973
Section 176 CrPC in Simple Words
Section 176 of the Code of Criminal Procedure, 1973 deals with an inquiry by a Magistrate into the cause of death. Under Section 176(1) CrPC, 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 174(3)(i) CrPC or Section 174(3)(ii) CrPC. In any other case mentioned in Section 174(1) CrPC, 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 176(1A) CrPC 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 Code. That inquiry is in addition to the inquiry or investigation held by the police. It 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. Under Section 176(2) CrPC, 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 prescribed later in the Code, according to the circumstances of the case. Under Section 176(3) CrPC, 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 176(4) CrPC, where an inquiry is to be held under Section 176 CrPC, 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 176(5) CrPC applies to the Judicial Magistrate, the Metropolitan Magistrate, the Executive Magistrate or the police officer holding an inquiry or investigation under Section 176(1A) CrPC. 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 176 CrPC, the expression relative means parents, children, brothers, sisters and spouse.
When Section 176 CrPC Applies
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Time Limits Under Section 176 CrPC
- 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”
Example of Section 176 CrPC
When Section 176 CrPC Does Not Apply
- Section 176(1) CrPC 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 174 CrPC.
- Section 176(2) CrPC 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 161 CrPC.
Section 176 CrPC Under BNSS 196: What Changed
Section 176 CrPC is now covered under Section 196 BNSS.
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.
View detailed comparison (CrPC 176 vs BNSS 196) →FAQs on Section 176 CrPC
When is a Magistrate to hold an inquiry into the cause of death under Section 176 CrPC?▼
Under Section 176(1) CrPC, 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 hold an inquiry into the cause of death, and in any other case mentioned in Section 174(1) CrPC any Magistrate so empowered may do so, either instead of, or in addition to, the investigation held by the police officer. Under Section 176(1A) CrPC, an inquiry shall also be held by the Judicial Magistrate or the Metropolitan Magistrate, as the case may be, 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 176 CrPC?▼
Under Section 176(4) CrPC, where an inquiry is to be held under Section 176 CrPC, 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 176 CrPC says relative means parents, children, brothers, sisters and spouse.
Can a Magistrate cause an interred body to be disinterred under Section 176 CrPC?▼
Section 176(3) CrPC says that 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.
Where is Section 176 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. 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. The Explanation to Section 176 CrPC is found in the Explanation to Section 196 BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·