176.Inquiry by Magistrate into cause of death

(1)[* * *] [Substituted by Act 46 of 1983, Section 4 for "When any person dies while in the custody of the police" (w.e.f. 25-12-1983).]When the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 174] [Substituted by Act 46 of 1983, Section 3, for "When there is any doubt regarding the cause^ⓘ of death^ⓘ, or when for any other reason the police officer consider it expedient so to do, he shall" (w.e.f. 25-12-1983).], 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.[(1-A) 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 Code, in addition to the inquiry^ⓘ or investigation held by the police, an inquiry^ⓘ shall be held by the Judicial Magistrate^ⓘ or the Metropolitan as the case may be, within whose local jurisdiction the offence has been committed.] [Inserted by Act 25 of 2005, Section 18 (w.e.f. 23-6-2006).] (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 enquiry 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^ⓘ. (5)[ The Judicial Magistrate^ⓘ or the Metropolitan Magistrate^ⓘ or Executive Magistrate^ⓘ or police officer holding an inquiry^ⓘ or investigation, as the case may be, under sub-Section (1-A) 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.] [Inserted by Act 25 of 2005, Section 18 (w.e.f. 23-6-2006).]Explanation. - In this section, the expression "relative" means parents, children, brothers, sisters and spouse.