Section 194 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 194 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 outlines the procedures for police officers when investigating deaths under suspicious or unnatural circumstances. This section is closely aligned with Section 174 of the Indian Penal Code (IPC) and Section 174 of the Code of Criminal Procedure (CrPC), with specific provisions tailored to modern investigative practices.
📜 Section 194: Police to Enquire and Report on Suicide, etc.
1. Immediate Intimation to Executive Magistrate
Obligation to Inform: Upon receiving information about a death resulting from suicide, homicide, animal attack, machinery accident, or any other circumstance raising suspicion of foul play, the officer in charge of the police station must immediately inform the nearest Executive Magistrate empowered to conduct inquests.(
2. Investigation at the Scene
Procedure: The police officer must proceed to the location where the deceased's body is found. In the presence of at least two respectable local residents, the officer shall investigate and prepare a report detailing the apparent cause of death. This includes documenting any wounds, fractures, bruises, or other marks of injury, and stating the manner or instrument (if any) by which such marks appear to have been inflicted.
3. Forwarding the Report
Submission Timeline: The investigation report, signed by the police officer and any other persons who concur with it, must be forwarded to the District Magistrate or Sub-divisional Magistrate within twenty-four hours.
4. Special Provisions for Deaths of Women Within Seven Years of Marriage
Mandatory Medical Examination: In cases where:
A woman has committed suicide within seven years of her marriage;
The death of a woman within seven years of marriage raises reasonable suspicion that an offence was committed against her;
A relative of the woman requests an investigation;
There is any doubt regarding the cause of death;
The police officer deems it necessary,
5. Magistrates Authorized to Conduct Inquests
Designated Authorities: The following Magistrates are empowered to hold inquests:
Any District Magistrate;
Any Sub-divisional Magistrate;
Any Executive Magistrate specially empowered by the State Government or the District Magistrate.
⚖️ Comparison with CrPC Section 174
| Aspect | Section 194 (BNSS, 2023) | Section 174 (CrPC, 1973) |
|---|---|---|
| Consent for Medical Examination | Not explicitly stated; implied in special provisions | Not explicitly stated; implied in special provisions |
| Timeframe for Report Submission | Within 24 hours | Within 24 hours |
| Medical Examination in Suspected Deaths | Mandatory in certain cases, especially involving women within seven years of marriage | Mandatory in certain cases, especially involving women within seven years of marriage |
| Authorized Magistrates for Inquests | District Magistrate, Sub-divisional Magistrate, and specially empowered Executive Magistrates | District Magistrate, Sub-divisional Magistrate, and specially empowered Executive Magistrates |
🧾 Example Scenario
Imagine a woman named Priya, who has been married for six years, is found dead under suspicious circumstances in her home. The local police officer, upon receiving the information, informs the nearest Executive Magistrate and proceeds to the scene with two respectable local residents. They document any visible injuries and prepare a report. Given that Priya's death occurred within seven years of her marriage and the circumstances raise suspicion, the officer forwards her body to the nearest Civil Surgeon for a thorough medical examination to determine the cause of death. The signed report is then sent to the District Magistrate within twenty-four hours.
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