Inquiry by Magistrate into cause of death
Section 176 of the Code of Criminal Procedure, 1973 deals with inquiry by Magistrate into cause of death. [When any person dies while in the custody of the police or 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 Magis The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) [When any person dies while in the custody of the police or 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.
1 Subs. by Act 46 of 1983, S. 3
2 Subs. by s.4, ibid.
(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.
Explanation.-In this section, expression "relative" means parents, children, brothers, sisters and spouse.
CHAP
JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
CHAPTER XIII
JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
Section 176, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 196 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 1
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
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
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
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
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
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.
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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… Under these conditions, when the Alto car driven by Vishakha Wadekar and her daughter Sanskruti, was obstructed, they alighted to wade across to safety; however, the water gushed with great intensity and swept them away, resulting in their death. The resulting magisterial inquiry under Section 176, Code of Criminal Procedure resulted in a report dated 04.10.2013. The Sub-Divisional Magistrate who inquired into the incident appointed an expert, whose report was considered; he also visited the site and held several hearings. During the hearings, pursuant to notices issued to various parties, the statements of …
Questions about Section 176
What have the courts held on Section 176 of the Code of Criminal Procedure?
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: 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 176 of the Code of Criminal Procedure?
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: CRPC 176, section 176 CRPC, section 176 of the Code of Criminal Procedure. 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 176 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 174 (Police to enquire and report on suicide, etc), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 196 (Inquiry by Magistrate into cause of death), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 176 of the Code of Criminal Procedure come into force?
Section 176 of the Code of Criminal Procedure, cited as CRPC 176, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.