What is Power to summon persons? What is Inquiry by
Magistrate into cause of death? Section 175 and 176 of Code of
Criminal Procedure 1973
Power to summon persons and Inquiry by Magistrate into cause
of death are defined under Section 175 and 176 of CRPC 1973.
Provisions under these sections are:
Section 175 of CRPC "Power to summon persons"
(1) A police officer proceeding under section 174 may, by order
in writing, summon two or more persons as aforesaid for the
purpose of the said investigation, and any other person who
appears to be acquainted with the facts of the case and every
person so summoned shall be bound to attend and to answer truly
all questions other than questions the answers to which would
have a tendency to expose him to a criminal charge or to a
penalty or forfeiture.
(2) If the facts do not disclose a cognizable offence to which
section 170 applies, such persons shall not be required by the
police officer to attend a Magistrate's Court.
Section 176 of CRPC "Inquiry by Magistrate into cause of
(1) When any person dies while 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 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.
(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
(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 disinterested 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.
Explanation.- In this section, the expression "relative" means
parents, children, brothers, sisters and spouse.