Inquiry by Magistrate into cause of death
Section 196 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with inquiry by Magistrate into cause of death. 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 dea The Act came into force on 01 Jul 2024.
(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 authorisedby 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.
Section 196, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 176 Inquiry by Magistrate into cause of death Text carried over almost unchanged 95%
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.
This section refers to
Referred to by 5
- s. 98 Power to declare certain publications forfeited and to issue search-warrants for same
- s. 125 Security for keeping peace on conviction
- s. 127 Security for good behaviour from persons disseminating certain matters
- s. 217 Prosecution for offences against State and for criminal conspiracy to commit such offence
- s. 506 Irregularities which do not vitiate proceedings
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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Director General (road Development) National Highways Authority of India vs Aam Aadmi Lokmanch
Decided under Code of Criminal Procedure 176, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The National Green Tribunal has jurisdiction under Sections 14, 15, 16, and 17 of the NGT Act, 2010, to award compensation for death and environmental damage resulting from violation of enactments listed in Schedule I, including the Environment Protection Act, 1986. The NGT can exercise this jurisdiction on application by any person aggrieved, including representative organizations, without requiring application by legal representatives of deceased. However, while NGT has power to issue general directions for environmental protection based on adjudication of cases before it, such directions must be based on scientific evidence, expert reports, and proper procedure allowing parties to object and make representations. Sweeping blanket directions without such foundation are procedurally indefensible and can be set aside. Similarly, state government's exercise of power under Section 154 of MRTP Act to modify development plans must be based on adequate reasons and supporting material, and cannot be arbitrary or devoid of rationale. The National Highways Authority of India owes a duty of care to highway users to maintain highways in safe condition, including drainage systems and culverts, and can be held liable in tort for breach of this duty when it fails to take reasonable steps after being notified of deficiencies and foreseeable dangers.
On this section: Referenced magisterial inquiry into the accident
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Sureshkumar vs The Inspector of Police
Decided under Code of Criminal Procedure 176, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When investigation into a grave offence involving death in custody is conducted in a casual manner with procedural irregularities such as filing absconding charge sheet against available accused without proper interrogation, and when custodial interrogation is necessary to establish facts, anticipatory bail should not be granted under Section 438 Cr.P.C., and the accused should be directed to surrender and seek regular bail.
On this section: Procedure for investigation of custodial death; cited in charges against accused
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K. Guravaiah vs The State of Andhra Pradesh
Decided under Code of Criminal Procedure 176, 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 in certain circumstances. Court cited this as an exception where crime can be registered even without initial disclosure of cognizable offence.
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Manjeet Singh vs State
Decided under Code of Criminal Procedure 176, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In a bail application for dowry death under Section 304B IPC, where the authenticity of a suicide note is contentious and disputed by the deceased's family members, and where the deceased made a call to her father one day before death alleging harassment and beating for dowry and furniture, establishing a proximate nexus between alleged cruelty and death, the court should not grant bail at the bail stage despite procedural defects in investigation or the release of co-accused, as the heinous nature of the offense, the risk of witness tampering, and the credible allegations of dowry-related harassment justify continued custody pending trial.
On this section: Inquest by police in case of death; petitioner contended that inquest was not conducted as per this section; court held that procedural defect does not provide ground for bail
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Gangadhar Lingu Bhuyare vs The State of Maharashtra
Decided under Code of Criminal Procedure 176, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When prima facie evidence in the form of witness statements exists indicating the applicants' involvement in an assault that resulted in death, anticipatory bail cannot be granted, notwithstanding the applicants' denials or allegations of witness intimidation, as the court must consider the totality of evidence collected during investigation.
On this section: Inquest by police officer - Referenced regarding the inquiry conducted by JMFC into the circumstances of death
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.
Questions about Section 196
What have the courts held on Section 196 of the Bharatiya Nagarik Suraksha Sanhita?
Director General (road Development) National Highways Authority of India vs Aam Aadmi Lokmanch (14 Jul 2020) is the leading judgment on this section among those set out below, though it was decided under CRPC 176, which this section replaced -- the court never mentioned this Act: Referenced magisterial inquiry into the accident. Another 4 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2008 to 2024.
How do I find court cases under Section 196 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 196, section 196 BNSS, section 196 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 196 2 in hindi and bnss 196 2 a in tamil. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 5 reported judgments on this section are set out on this page, beginning with Director General (road Development) National Highways Authority of India vs Aam Aadmi Lokmanch (14 Jul 2020).
What should I read with Section 196 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 194 (Police to enquire and report on suicide, etc), so none of them can safely be read on its own. 5 other provisions in this corpus refer back to it. It carries forward CrPC 176 (Inquiry by Magistrate into cause of death), so the judgments decided under that provision are the case law on this one.
When did Section 196 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 196 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 196, 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.