Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 196
Code: Section 196, Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
Section 196 of the BNSS deals with the inquiry into the cause of death in certain circumstances. It outlines the procedure for conducting an inquiry by a Magistrate, particularly when a person dies or disappears while in police custody or other authorized custody. This section ensures a thorough investigation to ascertain the cause of death and prevent potential abuse of power.
Illustrations:
- Case 1: A person dies in police custody. In this case, a Judicial Magistrate will conduct an inquiry into the cause of death, in addition to the police investigation.
- Case 2: A woman alleges rape while in police custody. Here, a Judicial Magistrate will hold an inquiry into the allegations of rape, supplementing the police investigation.
Common Questions and Answers:
- Q: When is a Magistrate required to hold an inquiry into the cause of death?
A: A Magistrate is required to hold an inquiry when a person dies or disappears while in police custody or other authorized custody. This includes cases where rape is alleged to have been committed on a woman in such custody.
- Q: What powers does a Magistrate have during the inquiry?
A: The Magistrate has all the powers in conducting the inquiry that they would have in holding an inquiry into an offence. This includes summoning witnesses, collecting evidence, and examining the scene of the incident.
- Q: What happens to the body of the deceased after the inquiry?
A: The body is forwarded to a Civil Surgeon or other qualified medical person for examination within 24 hours of death, unless it is impossible to do so.
- Q: Can the body be exhumed for further examination?
A: Yes, if the Magistrate considers it necessary to discover the cause of death, they can order the body to be exhumed and examined.
- Q: Who can be present during the inquiry?
A: The Magistrate shall inform the relatives of the deceased and allow them to be present at the inquiry, wherever practicable.
