Under the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), when a person dies while in police custody, a magistrate's inquiry (Section 194 BNSS, formerly Section 176 CrPC) is MANDATORY. In addition to the Magistrate's inquest, which other investigation is also legally mandated?
- A CBI investigation in all custodial death cases
- B Autopsy by at least two doctors — one being a government medical officer — with videography ✓
- C NHRC (National Human Rights Commission) investigation is mandatory and supersedes local inquiry
- D SIT (Special Investigation Team) investigation mandatory in all States
Explanation
For custodial deaths (deaths in police, judicial, or other custody), BNSS Section 194 (replaces CrPC 176) mandates a Magistrate's inquiry. Additionally, the Supreme Court (D.K. Basu v State of West Bengal guidelines, 1997, and subsequent rulings) and NHRC guidelines require autopsy by a board of at least two doctors, with one being a government medical officer, and the entire procedure must be videographed. This ensures transparency and reduces allegations of tampering with evidence. CBI investigation (A) is not automatic — it requires a court order. NHRC (C) can take cognizance but does not automatically supersede local inquiry.
Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.
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Written and medically reviewed by the StethoPrep medical team.