Inquests and Inquiry into the Cause of Death

Sub-section (2). The report is signed by the police officer and the other persons, or so many of them as concur, and forwarded to the District Magistrate or Sub-divisional Magistrate within twenty-four hours.

The twenty-four hour figure is new in this sub-section and is worth marking.

Sub-section (3), when the body must go for examination. He shall forward the body to the nearest Civil Surgeon or other qualified medical person appointed by the State Government where:

(i) the case involves suicide by a woman within seven years of her marriage; or (ii) it relates to the death of a woman within seven years of her marriage in circumstances raising a reasonable suspicion that some other person committed an offence in relation to her; or (iii) it relates to the death of a woman within seven years of her marriage and any relative of hers has made a request; or (iv) there is any doubt regarding the cause of death; or (v) the officer for any other reason considers it expedient.

The only qualification is that the state of the weather and the distance must admit of the body being sent without risk of such putrefaction on the road as would render the examination useless.

The first three limbs are the dowry death provisions, and the common element is the seven year window from the marriage.

Sub-section (4), who may hold an inquest. Any District Magistrate or Sub-divisional Magistrate, and any other Executive Magistrate specially empowered by the State Government or the District Magistrate.

Section 195: summoning persons for the inquest

Sub-section (1). An officer proceeding under section 194 may, by order in writing, summon two or more of the respectable inhabitants for the purposes of the investigation, and any other person who appears to be acquainted with the facts; and every person summoned is bound to attend and to answer truly all questions, other than questions the answers to which would tend to expose him to a criminal charge, penalty or forfeiture.

The two provisos repeat the protection in section 179: no male under fifteen or above sixty, no woman, no mentally or physically disabled person, and no person with acute illness shall be required to attend anywhere other than where he resides; but any of them may be permitted to attend at the police station if willing.

Sub-section (2). If the facts do not disclose a cognizable offence to which section 190 applies, those persons shall not be required to attend a Magistrate's Court.

Section 196: the Magistrate's inquiry

Sub-section (1), when it is available. Where the case is of the kind in section 194(3)(i) or (ii), that is a suicide by a woman within seven years of marriage, or her death in suspicious circumstances within that period, the nearest Magistrate empowered to hold inquests shall hold an inquiry into the cause of death; in any other case mentioned in section 194(1) he may do so, either instead of, or in addition to, the police investigation. When he does, he has all the powers he would have in holding an inquiry into an offence.

Sub-section (2), custodial death, and it is mandatory. Where:

(a) any person dies or disappears; or (b) rape is alleged to have been committed on any woman,

while such person or woman is in the custody of the police or in any other custody authorised by the Magistrate or the Court, then, in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Magistrate within whose local jurisdiction the offence has been committed.

Everything about that sub-section is deliberate. It is mandatory, "shall". It is in addition to, not instead of, the police investigation. It covers disappearance as well as death. And it extends to any other custody authorised by a Magistrate or Court, so it is not confined to police lock-ups.

Sub-section (3). The Magistrate shall record the evidence taken by him in the manner specified according to the circumstances.

Sub-section (4), disinterment. Whenever he considers it expedient to examine the body of a person already interred, he may cause the body to be disinterred and examined.

Sub-section (5), the relatives. Where an inquiry is to be held under the section, the Magistrate shall, wherever practicable, inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present. The Explanation defines "relative" as parents, children, brothers, sisters and spouse.

Sub-section (6), the twenty-four hours. The Magistrate, Executive Magistrate or police officer holding an inquiry or investigation under sub-section (2) shall, within twenty-four hours of the death, forward the body for examination to the nearest Civil Surgeon or other qualified medical person appointed by the State Government, unless it is not possible to do so for reasons to be recorded in writing.

A worked example

A woman is found dead at her matrimonial home in Nalasopara five years after her marriage. The family says it was suicide.

What must the police do first? The officer in charge must immediately inform the nearest Executive Magistrate empowered to hold inquests, and must go to the place of the body and, in the presence of two or more respectable inhabitants of the neighbourhood, make an investigation and draw up a report of the apparent cause of death, describing every mark of injury and how it appears to have been inflicted, section 194(1).

Who signs it, and where does it go? The officer and the persons present, or so many as concur, and it goes to the District or Sub-divisional Magistrate within twenty-four hours, section 194(2).

Must the body be sent for post-mortem? Yes. This is a suicide by a woman within seven years of her marriage, section 194(3)(i), so the body must go to the nearest Civil Surgeon or other qualified medical person, subject only to the weather and distance proviso.

Must a Magistrate hold an inquiry? Yes. Because the case falls in section 194(3)(i), section 196(1) makes the inquiry by the nearest Magistrate empowered to hold inquests compulsory.

Her family want to be there. Section 196(5) requires the Magistrate, wherever practicable, to inform the relatives whose names and addresses are known, and to allow them to be present. "Relative" means parents, children, brothers, sisters and spouse.

The body has already been buried. The Magistrate may cause it to be disinterred and examined, section 196(4).

Change the facts entirely. A man dies in a police lock-up at Wadala. Then section 196(2) applies: a Magistrate of the local jurisdiction shall hold an inquiry in addition to the police investigation, and the body must be sent for examination within twenty-four hours of the death unless reasons for not doing so are recorded in writing.

Change them once more. A man taken into custody by an authority under a special law disappears. Section 196(2)(a) covers a disappearance as well as a death, and covers any other custody authorised by the Magistrate or the Court.

Distinctions

What this does NOT mean

An inquest is not an investigation into who did it. Section 194(1) asks for the apparent cause of death and the marks on the body.

Section 196(2) is not satisfied by the police investigation. The Magistrate's inquiry is in addition to it.

"Custody" in section 196(2) is not confined to police custody. It extends to any other custody authorised by a Magistrate or Court.

And the seven years in section 194(3) runs from the marriage, not from anything else.

Quick revision

• Section 194(1): on information of a suicide, a killing by a person, animal, machinery or accident, or a death raising reasonable suspicion of an offence: immediate intimation to the nearest Executive Magistrate empowered to hold inquests, and an investigation at the body in the presence of two or more respectable inhabitants, with a report of the apparent cause of death and every mark of injury and how inflicted.
• 194(2): signed by those who concur, forwarded to the District or Sub-divisional Magistrate within twenty-four hours.
• 194(3): the body goes for examination in five cases, three of them turning on seven years of marriage, plus any doubt and any other expedient reason.
• 194(4): inquests may be held by a District Magistrate, Sub-divisional Magistrate or a specially empowered Executive Magistrate.
• Section 195: summons in writing to the inhabitants and to anyone acquainted with the facts; bound to attend and answer truly, except self-incriminating questions; the same protections as section 179 for the young, the old, women, the disabled and the acutely ill; no attendance at a Magistrate's Court where the facts disclose no cognizable offence to which section 190 applies.
• Section 196(1): shall inquire in a section 194(3)(i) or (ii) case; may in any other section 194(1) case, instead of or in addition to the police investigation.
• 196(2): mandatory Magistrate's inquiry, in addition to the police investigation, where a person dies or disappears, or a woman is raped, in police custody or any other custody authorised by a Magistrate or Court.
• 196(4) to (6): disinterment; relatives to be informed and allowed to attend, "relative" meaning parents, children, brothers, sisters and spouse; and the body forwarded for examination within twenty-four hours of the death unless reasons are recorded.

Test yourself

1. In whose presence must the police inquest be made? Two or more respectable inhabitants of the neighbourhood, section 194(1).

2. Within what time must the inquest report reach the District or Sub-divisional Magistrate? Within twenty-four hours, section 194(2).

3. Name three situations in which the body must be sent for medical examination. Suicide by a woman within seven years of her marriage; the death of such a woman in circumstances raising a reasonable suspicion of an offence; and the death of such a woman where a relative has requested examination. There is also any doubt about the cause of death, and any other reason the officer considers expedient.

4. Is a Magistrate's inquiry compulsory where a person dies in police custody? Yes. Section 196(2) requires an inquiry by the Magistrate of the local jurisdiction, in addition to the inquiry or investigation held by the police.

5. Who counts as a "relative" entitled to be informed of the inquiry? Parents, children, brothers, sisters and spouse, Explanation to section 196.

6. May a buried body be examined? Yes. Where the Magistrate considers it expedient in order to discover the cause of death, he may cause the body to be disinterred and examined, section 196(4).

7. Within what time must a body be forwarded for examination in a custodial death? Within twenty-four hours of the death, unless it is not possible for reasons to be recorded in writing, section 196(6).