Sections 175 and 176 CrPC: Power to Summon Persons and Magistrate Inquiry into Cause of Death
Sections 175 and 176 of the Code of Criminal Procedure, 1973 formed part of the statutory procedure relating to investigation of unnatural or suspicious deaths. Section 175 dealt with the power of a police officer conducting an investigation under Section 174 CrPC to summon persons, while Section 176 provided for an inquiry by a Magistrate into the cause of death in specified circumstances.
What is Section 175 CrPC?
Section 175 CrPC is titled "Power to summon persons." It operates in connection with an investigation conducted by a police officer under Section 174 CrPC.
Section 174 deals with the police inquiry and report concerning certain cases of suicide, killing, death caused by accident, death under suspicious circumstances and other cases specified by that provision. Section 175 supplements that procedure by giving the investigating police officer authority to require the attendance of persons connected with the inquest or acquainted with the relevant facts.
Section 175(1): Power of police to summon persons
Under Section 175(1), a police officer proceeding under Section 174 may issue a written order summoning two or more persons for the purpose of the investigation. The officer may also summon any other person who appears to be acquainted with the facts of the case.
A person lawfully summoned is required to attend and answer questions truthfully. However, the provision protects that person from being compelled to answer a question where the answer would tend to expose that person to a criminal charge, penalty or forfeiture.
Essential requirements of Section 175(1)
- The police officer must be proceeding under Section 174 CrPC.
- The summons or order requiring attendance must be in writing.
- Persons connected with the inquest may be summoned.
- A person who appears to know relevant facts may also be summoned.
- A person summoned is ordinarily bound to attend and answer relevant questions truthfully.
- The statutory protection against answers tending to expose the person to a criminal charge, penalty or forfeiture continues to apply.
Section 175(2): Attendance before Magistrate's Court
Section 175(2) provides an additional safeguard. Where the facts do not disclose a cognizable offence to which Section 170 CrPC applies, the persons concerned cannot be required by the police officer to attend a Magistrate's Court.
What is Section 176 CrPC?
Section 176 CrPC is titled "Inquiry by Magistrate into cause of death." It provided an important mechanism for a Magistrate's inquiry into deaths covered by Section 174 and imposed a mandatory judicial inquiry in specified custodial cases.
Section 176(1): Magistrate's inquiry into cause of death
In cases of the nature referred to in clauses (i) and (ii) of Section 174(3), the nearest Magistrate empowered to hold inquests was required to hold an inquiry into the cause of death. In other cases falling within Section 174(1), an empowered Magistrate could hold such an inquiry.
The Magistrate's inquiry could be conducted either instead of or in addition to the investigation conducted by the police officer. For the purpose of the inquiry, the Magistrate had the powers available when holding an inquiry into an offence.
Section 176(1A): Custodial death, disappearance or rape
Section 176(1A) strengthened scrutiny of incidents occurring in custody. It required an inquiry by the Judicial Magistrate or Metropolitan Magistrate having local jurisdiction where:
- a person died while in police custody or any other custody authorised by a Magistrate or Court;
- a person disappeared while in such custody; or
- rape was alleged to have been committed on a woman while she was in such custody.
The Magistrate's inquiry under Section 176(1A) was to be held in addition to the inquiry or investigation conducted by the police.
Section 176(2): Recording of evidence
A Magistrate conducting an inquiry under Section 176 was required to record the evidence taken in connection with the inquiry in the manner prescribed according to the circumstances of the case.
Section 176(3): Disinterment of the body
Where a person had already been buried and the Magistrate considered examination of the body expedient for discovering the cause of death, Section 176(3) empowered the Magistrate to cause the body to be disinterred and examined.
Section 176(4): Participation of relatives
Where an inquiry was to be held under Section 176, the Magistrate was required, wherever practicable, to inform known relatives of the deceased and permit them to remain present during the inquiry.
For the purposes of Section 176, the expression "relative" included parents, children, brothers, sisters and spouse.
Section 176(5): Medical examination after custodial death
In a case covered by Section 176(1A), the Judicial Magistrate, Metropolitan Magistrate, Executive Magistrate or police officer conducting the relevant inquiry or investigation was required, within twenty-four hours of the death, to forward the body for examination to the nearest Civil Surgeon or other qualified medical person appointed by the State Government.
Where compliance within that period was not possible, the reasons were required to be recorded in writing.
Difference between Sections 174, 175 and 176 CrPC
| Provision | Subject | Main function |
|---|---|---|
| Section 174 | Police inquiry into suicide and certain other deaths | Provides the basic procedure for police inquest and reporting of specified deaths. |
| Section 175 | Power to summon persons | Allows the police officer proceeding under Section 174 to summon persons connected with or acquainted with the facts of the case. |
| Section 176 | Inquiry by Magistrate into cause of death | Provides for a Magistrate's inquiry into the cause of death and mandatory judicial inquiry in specified custodial cases. |
Why were Sections 175 and 176 CrPC important?
The two provisions performed different but connected functions in an inquest. Section 175 enabled the investigating officer to secure the attendance and information of persons who could assist the inquiry. Section 176 provided for scrutiny by a Magistrate, particularly where the nature or circumstances of the death justified or required an inquiry independent of the ordinary police investigation.
The custodial-death provisions were particularly significant because Section 176(1A) required a Judicial Magistrate or Metropolitan Magistrate to conduct an inquiry in addition to the police inquiry or investigation where the statutory conditions were satisfied.
Amendments relevant to Section 176 CrPC
Section 176 was amended over time. Among the significant changes, the Code of Criminal Procedure (Amendment) Act, 2005 introduced provisions relating to deaths, disappearances and allegations of rape in custody and the requirement concerning prompt forwarding of the body for medical examination.
CrPC and the transition to BNSS
The Code of Criminal Procedure, 1973 was replaced prospectively by the Bharatiya Nagarik Suraksha Sanhita, 2023 with effect from 1 July 2024, subject to the applicable statutory transition and saving provisions.
Accordingly, Sections 175 and 176 CrPC remain important for understanding the law governing proceedings to which the CrPC continues to be relevant, as well as for interpreting judgments, investigations and procedural steps taken under the earlier Code.
Summary
Section 175 CrPC empowered a police officer conducting an investigation under Section 174 to summon persons connected with the inquest or acquainted with relevant facts. Persons summoned were ordinarily required to attend and answer truthfully, subject to the protection against self-incriminating answers specified in the section.
Section 176 CrPC dealt with an inquiry by a Magistrate into the cause of death. It also contained special safeguards for custodial deaths, disappearances and allegations of rape in custody, including a mandatory judicial inquiry in cases falling under Section 176(1A).
For the preceding stage of the inquest procedure, see Section 174 CrPC - Police to inquire and report on suicide and other deaths.