Section 194 of Bharatiya Nagarik Suraksha Sanhita

Section 194 of Bharatiya Nagarik Suraksha Sanhita Act: Police to enquire and report on suicide, etc.

Police to enquire and report on suicide, etc. Bharatiya Nagarik Suraksha Sanhita 2023

(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.

Understanding Police Inquest Procedures Under Law: A Step-by-Step Explanation

When a person dies under unusual or suspicious circumstances, the law mandates a specific procedure to determine the cause of death. This process is known as an inquest. Below is a clear breakdown of how an inquest is conducted under the relevant legal provisions.

1. Immediate Action by the Police

When the officer in charge of a police station (or any police officer specially authorized by the State Government) receives information that a person has:

committed suicide, or
been killed by another person, an animal, machinery, or an accident, or
died under suspicious circumstances suggesting that someone might have committed an offence,

the officer must:

Immediately inform the nearest Executive Magistrate empowered to hold inquests.
Visit the place where the body is located, unless otherwise directed by the government or local magistrate.
Conduct an investigation in the presence of at least two respectable local residents.
Prepare a detailed report describing:
- visible injuries such as wounds, fractures, bruises, or other marks,
- the apparent cause of death,
- and the possible weapon or instrument (if any) that caused the injuries.

2. Preparation and Submission of Report

After the examination:

The police officer and any witnesses who agree with the report must sign it.
The completed report must be forwarded to the District Magistrate or Sub-Divisional Magistrate within 24 hours.

3. Special Provisions for Death of a Woman Within Seven Years of Marriage

The law treats such cases with special caution. The body must be sent for medical examination by a Civil Surgeon or other qualified government-appointed doctor if:

The woman committed suicide within seven years of marriage, or
She died under suspicious circumstances suggesting foul play, or
Any relative of the woman requests an examination, or
There is any doubt about the cause of death, or
The police officer considers it necessary for any reason.

However, this must be done only if:

the weather and distance allow the body to be transported without risk of putrefaction (decomposition) that could affect the examination.

4. Magistrates Empowered to Hold Inquests

The following officials have the legal authority to hold inquests:

District Magistrate,
Sub-Divisional Magistrate, and
Any Executive Magistrate specially empowered by the State Government or District Magistrate.