Section Text
176.Inquiry by Magistrate into cause of death. (1) 2*[When any
person dies while in the custody of the police or when the case is of
the nature referred to in clause (i) or clause(ii) of sub-section (3)
of section 174] the nearest Magistrate- empowered to hold inquests
shall, and in any other case mentioned in sub-section (1) of section
174, any Magistrate so empowered may hold an inquiry into the cause of
death either instead of, or in addition to, the investigation held by
the police officer ; and if he does so, he shall have all the powers
in conducting it which he would have in holding an inquiry into an
offence.
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1 Subs. by Act 46 of 1983, S. 3
2 Subs. by s.4, ibid.
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(2) The Magistrate holding such an inquiry shall record the
evidence taken by him in connection therewith in any manner
hereinafter prescribed according to the circumstances of the case.
(3) Whenever such Magistrate considers it expedient to make an
examination of the dead body of any person who has been already
interred, in order to discover the cause of his death, the Magistrate
may cause the body to be disinterred and examined.
(4) Where an inquiry is to be held under this 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 at the inquiry.
Explanation.-In this section, expression "relative" means
parents, children, brothers, sisters and spouse.
CHAP
JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS