Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 194
Code: Section 194 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), also known as the Indian Penal Code (IPC), deals with the investigation and reporting of unnatural deaths.
Explanation:
This section outlines the procedures a police officer must follow when they receive information about a death that appears to be suspicious or unnatural. This includes deaths by suicide, homicide, animal attacks, machinery accidents, or any other circumstance raising suspicion of criminal involvement.
Key Provisions:
- Reporting to Magistrate: The police officer must immediately inform the nearest Executive Magistrate empowered to hold inquests.
- Investigation: The police officer must proceed to the scene of the death and conduct an investigation in the presence of two or more local residents. This includes documenting any injuries or signs of violence on the body.
- Report Submission: A detailed report outlining the apparent cause of death and findings must be submitted to the District Magistrate or Sub-divisional Magistrate within 24 hours.
- Medical Examination: In certain cases, the body must be sent for a medical examination by a qualified medical professional. This is mandatory when:
- The death involves suicide by a woman within seven years of her marriage.
- There is reasonable suspicion of foul play in the death of a woman within seven years of marriage.
- A relative of the deceased woman requests a medical examination.
- There is doubt about the cause of death.
- The police officer deems a medical examination necessary.
- Magistrates Authorized to Hold Inquests: District Magistrates, Sub-divisional Magistrates, and other Executive Magistrates specifically empowered by the State Government or District Magistrate are authorized to conduct inquests.
Illustration:
Imagine a scenario where a woman is found dead in her home. The police are informed, and they arrive at the scene. The officer notices bruises on the victim’s body and observes signs of a struggle. Based on this initial observation, the police officer suspects foul play. He then follows the steps outlined in Section 194:
- Inform Magistrate: The officer immediately informs the nearest Executive Magistrate about the incident.
- Investigation: The officer, in the presence of local residents, examines the scene, documents the injuries, and collects any potential evidence.
- Report Submission: Within 24 hours, the officer submits a detailed report to the District Magistrate, outlining the injuries and the circumstances surrounding the death.
- Medical Examination: Because the death involves a woman within seven years of marriage, the officer sends the body to the nearest Civil Surgeon for a medical examination.
- Inquest: The Executive Magistrate, after reviewing the police report and the medical examination findings, conducts an inquest to determine the cause of death and any potential criminal involvement.
Common Questions and Answers:
- Q: What constitutes a “suspicious death”?
A: Any death that deviates from natural causes, such as a sudden and unexpected death, a death with visible injuries, or a death where there is a possibility of foul play, can be considered suspicious.
- Q: Who can conduct an inquest?
A: Inquests are conducted by specific Magistrates empowered by law, usually the District Magistrate, Sub-divisional Magistrate, or other Executive Magistrates appointed by the State Government.
- Q: What happens after the inquest?
A: The inquest findings determine the cause of death and any potential criminal involvement. Based on the findings, the police may initiate a criminal investigation or close the case if no criminal offence is established.