Police to enquire and report on suicide, etc
Section 194 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with police to enquire and report on suicide, etc. 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 circumst The Act came into force on 01 Jul 2024.
(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 twentyfour 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 Subdivisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate.
Section 194, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 174 Police to enquire and report on suicide, etc Text carried over almost unchanged 98%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Manoj Kumar Sharma v. State of Chhattisgarh
Decided under Code of Criminal Procedure 174, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Judgement of Main Case order-18.pdf 2016-08-23 DATE VERIFIED. Lokur/Agrawal reportable. Crl A 775/2013. Isolates CrPC 174: an inquest into unnatural death is distinct from a s.154 FIR and a s.173 investigation; a 174 report accepted by the SDM is not a first FIR, so a later 304B/498A FIR is not a second FIR. Map crpc 174 + BNSS 194 successor (near-identical 0.9754). Do not pad crpc 154/482 (already filled).
On this section: Successor of CrPC 174 (mapping.csv near-identical, score 0.9754). The inquest-vs-FIR holding carries to BNSS 194.
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R. Shashirekha vs State of Karnataka
Decided under Code of Criminal Procedure 174, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
For an offence under Section 306 IPC (abetment to suicide) to be constituted, there must be a proximate and positive act of instigation by the accused with close temporal proximity to the commission of suicide by the victim, creating a clear nexus between the act of instigation and the act of suicide. A significant time gap between the alleged instigation and the suicide, combined with the absence of any direct causal connection, is sufficient to break the nexus and preclude the constitution of the offence. However, when the High Court exercises its jurisdiction under Section 482 Cr.P.C. to quash an FIR, it must examine the investigation material and provide reasoned findings as to why the material does not constitute the alleged offence, rather than making casual observations without substantive analysis.
On this section: Inquest procedure - the police conducted inquest as per this section following the death of the husband.
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Mahendra Awase vs The State of Madhya Pradesh
Decided under Code of Criminal Procedure 174, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
To attract the offence of abetment of suicide under Section 306 IPC, the accused must have abetted the commission of suicide through specific instigation, conspiracy, or intentional aid as defined in Section 107 IPC. Instigation requires that the accused, by his act or omission or by a continued course of conduct, created such circumstances that the deceased was left with no other option except to commit suicide. Mere words uttered in anger or emotion without intending the consequences to actually follow, or aggressive conduct in performing one's duty (such as loan recovery), cannot constitute instigation to commit suicide. The court must apply a realistic approach, keeping the context and day-to-day realities of life in mind, and should not treat hyperboles or heated exchanges as instigation without clear evidence of intent to push the deceased into a position where suicide was the only option.
On this section: Inquest procedure - referenced in the context of the inquest conducted after the deceased's death, during which the suicide note and mobile were recovered.
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Naveen @ Ajay vs The State of Madhya Pradesh
Decided under Code of Criminal Procedure 174, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A criminal trial for serious offences including rape and murder cannot be conducted in a hasty manner over 15 days without providing adequate time to the legal aid counsel to prepare the defence. The principle of fair trial, which is a fundamental right under the Constitution, requires that the accused be afforded a real and meaningful opportunity to defend himself through competent counsel with sufficient preparation time. The trial court has a duty to ensure compliance with fair trial principles by granting adequate time to defence counsel, which should normally be a minimum of 7 days but may be more depending on circumstances. Forensic evidence including DNA reports must be properly proved through examination of expert witnesses who prepared the reports, and the accused must be given opportunity to cross-examine such experts. A trial conducted in violation of these principles is void and the conviction and sentence must be set aside with the matter remitted for de novo trial.
On this section: MERG intimation procedure for discovery of dead body; properly followed in this case
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Satish Shetty vs State of Karnataka
Decided under Code of Criminal Procedure 174, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a trial court's judgment of acquittal is shown to be perverse through gross errors in approach and appreciation of evidence, ignoring glaring facts and credible testimonies, an appellate court is justified in interfering with such acquittal and reversing it based on the merits of the case. Specifically, in cases of cruelty leading to suicide by a married woman within seven years of marriage, once the cruelty under Section 498-A IPC is established through credible evidence, the Court may exercise its discretion to invoke the statutory presumption under Section 113-A of the Evidence Act to convict for abetment of suicide under Section 306 IPC, even without a specific charge under that section, where the relevant and material facts are already part of the charges framed under Sections 498-A and 304-B IPC. The conviction should be upheld when the presumption is not rebutted by credible evidence and the trial court's acquittal judgment was patently erroneous in ignoring available evidence.
On this section: Inquest proceedings to be conducted by magistrate on death of person under circumstances suggesting need for inquiry. Court criticized delay in conducting inquest (2 days later on November 22, 1993) and noted that statements recorded during inquest have limited evidentiary value, being beyond scope of inquest.
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Sher Singh @ Partapa vs State of Haryana
Decided under Code of Criminal Procedure 174, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In prosecutions under Section 304B IPC for dowry death, the prosecution must prove beyond preponderance of evidence that: (i) the death of a woman occurred in abnormal circumstances caused by burns or bodily injury, (ii) within seven years of her marriage, and (iii) that she was subjected to cruelty or harassment by her husband or relative connected with a demand for dowry, with the cruelty/harassment maintaining a live link or causal connection to the death (not being stale or aberration of past). Only after prosecution establishes these three core elements does the burden shift to the husband or relative to disprove guilt beyond reasonable doubt. The word 'shown' in Section 304B must be interpreted as 'prove' (using preponderance standard), and the deeming provision operates after such proof, not before. Until prosecution discharges this foundational burden, the accused's presumption of innocence is not displaced, and the burden of proof does not shift to the defense.
On this section: Requires examination of body of woman who dies by suicide or under abnormal circumstances within seven years of marriage by nearest Civil Surgeon. Court noted this procedural safeguard introduced alongside dowry death provisions.
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Srikant vs State of Mp
Decided under Code of Criminal Procedure 174, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Once the prosecution proves beyond reasonable doubt that a woman died within seven years of marriage due to burns or bodily injury, and that she was subjected to cruelty or harassment by her husband for dowry demand soon before her death (even if not immediately before death), the presumption under Section 113-B of the Indian Evidence Act shall be invoked against the accused. The burden then shifts to the accused to prove that the death was accidental and not caused by the harassment. An accused cannot escape liability by merely pointing to dying declarations that contain inconsistent versions, especially when medical evidence (postmortem examination) contradicts the accidental narrative. The essential requirement of 'soon before' is satisfied through a proximity test that considers the circumstances of the case, not by reference to any fixed period; a harassment 5-6 months before death is sufficiently proximate when it is continuous and unabated. When death is caused by burns, the condition of 'occurring otherwise than in normal circumstances' is automatically fulfilled without requiring separate proof.
On this section: Registration of case on basis of dead body: Marg Intimation registered under this section; formed basis for FIR in dowry death case.
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Kusti Mallaiah vs State of A. P
Decided under Code of Criminal Procedure 174, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A conviction for murder and theft can be lawfully sustained on the sole testimony of a single eyewitness, provided his evidence is found to be cogent, trustworthy, and reliable, and is corroborated in material particulars by independent evidence such as medical findings and recovery of stolen property. Minor variations and discrepancies in the accounts of multiple witnesses, particularly regarding trivial matters, are natural and do not constitute material contradictions that would discredit the prosecution case. A delay in lodging the FIR, when adequately explained by the circumstances of discovery and identification of the deceased, does not vitiate the prosecution case. The court must adopt a holistic approach to evaluate evidence and examine whether the evidence, read as a whole, bears the ring of truth.
On this section: Referenced in the context of the inquest proceedings. The Court noted that the police registered an inquest report under this section upon discovery of the dead body, which led to post mortem examination and subsequent investigation.
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Mohammad Shakir vs State of U. P
Decided under Code of Criminal Procedure 174, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In prosecution under Section 149 IPC for constructive liability arising from membership in unlawful assembly, proof of overt act by each individual member is not necessary. Mere presence of the accused in an assembly of five or more persons with knowledge of the common unlawful object, and behavior consistent with furtherance of that object (such as surrounding the victim, preventing rescue, possessing weapons, and coordinated departure), is sufficient to establish liability under Section 149 IPC. Further, procedural delays in forwarding FIR to Magistrate do not vitiate the prosecution if the FIR was registered promptly and investigation commenced immediately, and do not affect the credibility of eyewitness testimony or chain of evidence. Additionally, in cases of multiple deaths, the award of death sentence is discretionary and not mandatory; courts may impose life imprisonment based on the circumstances of the case, and mere plurality of victims is not the determinative factor for death sentence.
On this section: Police inquest procedure and inquest report preparation; Court held that inquest report need only state apparent cause of death and not details of how occurrence took place or names of accused
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Bable @ Gurdeep Singh vs State of Chattisgarh Tr. P. S. O. P. Kursipur
Decided under Code of Criminal Procedure 174, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Where a case against an accused is established by reliable, cogent, and credible evidence including dying declaration corroborated by eyewitness accounts, medical evidence, and the accused's own admission of presence at the crime scene and involvement in a fight with the deceased, the accused's explanation claiming self-defence is rejected if it is factually contradictory, internally inconsistent, and runs counter to the nature and pattern of injuries. The acquittal of co-accused does not provide benefit to the remaining accused when independent evidence establishes guilt of the remaining accused beyond reasonable doubt.
On this section: Used for registering unnatural death case after victim died at hospital
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Sheik Dawood vs State Rep. by the Deputy Superintendent of Police
Decided under Code of Criminal Procedure 174, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a woman dies in non-normal circumstances (such as burn injuries) within seven years of marriage and evidence establishes cruelty, harassment, or dowry demands by the husband or his relatives prior to death, the presumption under Section 113B of the Indian Evidence Act applies. The burden then shifts to the accused to prove on the balance of probabilities that the death did not result from any act constituting dowry harassment. If the accused fails to rebut this presumption through credible evidence, the conviction under Section 304B IPC (dowry death) is justified. Additionally, in cases of dowry death, the minimum sentence of 7 years rigorous imprisonment under Section 304B is appropriate and should not be reduced merely on the ground of lapse of time, unless exceptional circumstances (such as advanced age and significant sentence already served) exist.
On this section: Investigation was conducted under Section 174 CrPC following the registration of the FIR at Navalpattu Police Station regarding the death of Samshath Begum on 01-01-1999.
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Pothumponnu vs State of Tamilnadu
Decided under Code of Criminal Procedure 174, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A detention order under the Goondas Act cannot be sustained on mere ipse dixit statements or subjective satisfaction of the detaining authority without concrete, reliable material demonstrating compelling necessity for detention. The detaining authority must provide specific details and reasoning explaining why detention is necessary, including evidence that the detenu is likely to be released on bail. Mere absence of a bail application or general assertions of dangerousness are insufficient to justify preventive detention. The detention order must reflect application of mind by the detaining authority and must be grounded in factual material, not speculative assumptions.
On this section: The detenu was lodged as a remand prisoner under Section 174 CrPC in the underlying criminal case at Central Prison, Coimbatore.
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Selvaraj vs The Inspector of Police
Decided under Code of Criminal Procedure 174, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an FIR discloses a prima facie case under Section 306 IPC based on specific allegations that the accused's actions drove the deceased to commit suicide, and the investigation is still ongoing with the charge sheet yet to be filed, the High Court should not exercise its inherent powers under Section 482 CrPC to quash the FIR. The High Court should not appreciate the defense version or adjudicate the correctness of allegations at the investigation stage, except in exceptional cases where the allegations ex facie do not disclose any offence at all. The mental element and intention of the accused are matters to be determined during the investigation and trial, not at the stage of considering a petition to quash the FIR.
On this section: Procedure for investigation of unnatural death - The original FIR was registered under Section 174 CrPC based on the complaint of Annalakshmi regarding Ramaraj's death.
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Ragini vs The State of M.p.
Decided under Code of Criminal Procedure 174, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When circumstantial evidence establishes that an accused woman delivered a child shortly before the discovery of a dead newborn child, and the accused fails to provide any satisfactory explanation regarding the whereabouts of the delivered child despite being examined under Section 313 Cr.P.C., and medical evidence confirms the time of delivery coincides with the time of death of the recovered child, the chain of circumstantial evidence is complete and sufficient to prove beyond reasonable doubt that the accused delivered the child and caused its homicidal death. The absence of DNA testing does not adversely affect the prosecution case when ocular and medical evidence are conclusive.
On this section: Inquest procedure - the police registered a Marg Case under this section upon discovery of the dead body in the well
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K. Guravaiah vs The State of Andhra Pradesh
Decided under Code of Criminal Procedure 174, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A police officer cannot register a crime or issue an F.I.R in matters relating to Section 145 Cr.P.C (property disputes likely to cause breach of peace) because Section 145 does not contemplate any offence and the proper procedure is for the police officer to place a report before the Executive Magistrate, not to register a crime. Registration of crime in such matters exceeds the powers of police officers under the Criminal Procedure Code, 1973, and is procedurally improper. Such registration can be quashed under Section 482 Cr.P.C as it is outside the realm of law and creates opportunity for abuse of power.
On this section: Procedure for cases of death. Court cited this as an exception where crime can be registered even without initial disclosure of cognizable offence.
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V. Yadagiri vs The State of Telangana
Decided under Code of Criminal Procedure 174, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cases where an FIR is registered under Section 174 Cr.P.C (investigation of suicide) and the investigation is at a preliminary stage with no indication that charges will be altered to substantive offences, anticipatory bail may be granted for a limited period to protect the accused from arrest while allowing the investigation to proceed. The court should exercise discretion under Section 438 Cr.P.C by granting a reasonable period of protection (such as four weeks) rather than outright bail or dismissal of the petition.
On this section: Investigation of suicide cases; the FIR was registered under this section, which is a procedural provision for investigating deaths by suicide
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… On the other hand, the U.P. Police have argued that in cases of "suspicious death", the law mandates that inquest proceedings be conducted under section 194 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"). They submit that the present case was clearly a case of "suspicious death"; and therefore, a post-mortem examination was conducted at a government hospital and inquest proceedings were initiated before the concerned Executive Magistrate, before whom those …
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… The husband of the appellant, the former Additional District Magistrate, Kannur, was found dead by hanging in his official quarters on 15.10.2024. The Kannur Town Police registered a crime within few hours under Section 194 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). In the course of the investigation, it was revealed that the deceased faced public humiliation at the hands of one P.P.Divya, the then President of the Kannur District Panchayat, who in her speech, during the farewell function of the deceased on the previous …
Questions about Section 194
What have the courts held on Section 194 of the Bharatiya Nagarik Suraksha Sanhita?
Manoj Kumar Sharma v. State of Chhattisgarh (23 Aug 2016) is the leading judgment on this section among those set out below, though it was decided under CRPC 174, which this section replaced -- the court never mentioned this Act: Successor of CrPC 174 (mapping.csv near-identical, score 0.9754). The inquest-vs-FIR holding carries to BNSS 194. Another 15 judgments on this section are set out below, 11 of them from the Supreme Court. They run from 2008 to 2025.
How do I find court cases under Section 194 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 194, section 194 BNSS, section 194 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 194 and 196 and bnss 194 in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 16 reported judgments on this section are set out on this page, beginning with Manoj Kumar Sharma v. State of Chhattisgarh (23 Aug 2016).
What should I read with Section 194 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
2 other provisions in this corpus refer back to it. It carries forward CrPC 174 (Police to enquire and report on suicide, etc), so the judgments decided under that provision are the case law on this one.
When did Section 194 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 194 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 194, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.