(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 Judicial 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
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 Judicial 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 Judicial 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.
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