Bharat Samvidhan
BNSS Section 196

Section 196 BNSS: URISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

Official criminal procedure provision under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Official Statutory Wording (100% Legally Correct)

(1) When the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 194, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 194, 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. (2) 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 Power to summon persons. Inquiry by Magistrate into cause of death. by the Magistrate or the Court, under this Sanhita 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. (3) The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter specified according to the circumstances of the case. (4) 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. (5) 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. (6) The Magistrate or the Executive Magistrate or the police officer holding an inquiry or investigation under sub-section (2) shall, within twenty-four hours of the death of a person, forward the body with a view to its being examined to the nearest Civil Surgeon or other qualified medical person appointed in this behalf by the State Government, unless it is not possible to do so for reasons to be recorded in writing. Explanation.—In this section, the expression "relative" means parents, children, brothers, sisters and spouse. CHAPTER XIV J

Simplified Legal Summary

This section details the statutory rules, frameworks, and procedures under Section 196 of the BNSS.

Legal Compliance Notice

This content is compiled from the official Gazette of India publication. For active legal actions, petitions, or filings, citizens are advised to cross-reference this clause with their legal advocate under the corresponding Sections of the BNSS 2023.

Frequently Asked Questions (FAQs)

Q: What does BNSS Section 196 cover?

A: Section 196 of the BNSS 2023 deals with: "URISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS". It is part of India's updated criminal procedure law that replaced the old CrPC 1973, effective July 1, 2024.

Q: Which old CrPC section does BNSS Section 196 replace?

A: BNSS Section 196 ("URISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS") is part of the BNSS 2023 which replaced the entire CrPC 1973. Many sections were renumbered — use the Law Decoder for exact cross-references.

Q: Does BNSS Section 196 apply across all Indian states?

A: Yes. BNSS 2023 applies to the whole of India except Nagaland and specified tribal areas (per Section 1 BNSS). Section 196 ("URISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS") follows this national applicability.

Q: When did BNSS Section 196 come into effect?

A: The BNSS 2023 — including Section 196 ("URISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS") — came into effect on July 1, 2024, by Central Government notification in the Official Gazette.