Code:
(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 twenty-four 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 Sub-divisional Magistrate and any other Executive Magistrate specially
empowered in this behalf by the State Government or the District Magistrate.
Explanation
Section 194 BNSS outlines the procedures for police officers when handling cases of unnatural deaths, including suicides, homicides, accidental deaths, and suspicious deaths. It ensures prompt reporting, forensic examination where necessary, and judicial oversight to prevent foul play.
Key Provisions:
- Immediate Notification: The Executive Magistrate must be informed as soon as an unnatural or suspicious death is reported.
- On-Site Investigation: The police must visit the place of death, conduct an investigation in the presence of two or more local witnesses, and prepare a detailed report.
- Medical Examination Requirement: If a woman dies within seven years of marriage, or if the case is suspicious, the body must be medically examined by a Civil Surgeon or another qualified doctor.
- Mandatory Reporting: The police report must be submitted to the District or Sub-divisional Magistrate within 24 hours.
- Magistrates Authorized for Inquests: Only District Magistrates, Sub-divisional Magistrates, and specially authorized Executive Magistrates can conduct legal inquests.
Illustration
Example 1: Suicide Case
A police officer receives a report of a man found hanging in his house. The officer:
- Informs the Executive Magistrate.
- Visits the crime scene and records witness statements.
- Prepares a detailed report of any visible injuries or marks on the body.
- Forwards the report to the Magistrate within 24 hours.
Example 2: Suspicious Death of a Woman Within 7 Years of Marriage
A woman dies under mysterious circumstances in her in-laws’ house, within five years of marriage. Her parents suspect dowry-related violence and demand an inquest.
- The police officer immediately informs the Magistrate.
- The body is sent for post-mortem examination.
- A detailed report is prepared, including statements from family members and neighbors.
Example 3: Death by Animal Attack
A person is killed by a tiger in a rural area.
- The police officer records the injuries and cause of death.
- Witnesses confirm that no foul play was involved.
- The report is submitted to the Magistrate within 24 hours.
Common Questions and Answers
1. When must the police inform the Magistrate about a death?
- Answer: The police must inform the nearest Executive Magistrate immediately upon receiving information about a suicide, homicide, accidental death, or suspicious death.
2. Who conducts the investigation at the scene of death?
- Answer: The officer in charge of the police station or an officer specially empowered by the State Government must personally visit the scene.
3. What must be included in the police report?
- Answer: The report should contain:
- The apparent cause of death.
- Any injuries or wounds found.
- The suspected weapon or cause of death.
- Statements from witnesses.
4. When is a post-mortem mandatory?
- Answer: A medical examination is mandatory if:
- A woman dies within 7 years of marriage under suspicious circumstances.
- A relative requests an inquest.
- There is doubt about the cause of death.
5. Who has the authority to conduct an inquest?
- Answer: The District Magistrate, Sub-divisional Magistrate, or any specially authorized Executive Magistrate.
6. What happens if further investigation is needed after submitting the report?
- Answer: The police can conduct further investigation and submit additional reports to the Magistrate if new evidence is found.
Conclusion
Section 194 BNSS ensures that unnatural and suspicious deaths are properly investigated and reported to the judiciary. It mandates timely police action, protects victims’ families, and prevents cover-ups in cases involving suicide, homicide, or accidents. The law also emphasizes post-mortem examinations for deaths under suspicious circumstances, especially for married women within 7 years of marriage.
