196. Inquiry by Magistrate into cause of death.

(1) When any person dies while in the custody of the police, or when the death of any person is caused by the act of a police officer in the discharge of his official duties, or when any person dies or disappears, or rape is alleged to have been committed on any woman while such person or woman was in the custody of the police, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 194 the nearest Magistrate empowered to hold inquests may, hold an inquiry into the cause of death or of such disappearance, as the case may be, 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—

1. any person dies or disappears; or
2. rape is alleged to have been committed on any woman,

while such person or woman is in the custody of the police, the Magistrate shall, within twenty-four hours of the receipt of information, visit the place and conduct the inquiry.

(3) The Magistrate or such police officer may, if he considers it expedient, cause the dead 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.

(5) The Magistrate or the police officer holding an inquiry or investigation, as the case may be, under sub-section (1) of section 194 shall, within twenty-four hours of the death of the person, forward the body 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.