Report No. 154
45. Inquiry by Magistrate into cause of death: Amendment of section 176
(a) Do you agree that section 176 be amended to provide that in the case of death or disappearance of a person, or rape of a woman while in the custody of the police, there shall be a mandatory judicial inquiry and in case of death, examination of the dead body shall be conducted within twenty-four hours of death, as laid down in clause 21 of the Code of Criminal Procedure (Amendment) Bill, 1994 in the following manner:
"In section 176 of the principal Act, -
(i) in sub-section (1) the words "where any person dies while in the custody of the police or" shall be omitted;
(ii) after sub-section (1), the following sub-section shall be inserted, namely:-"(1A) 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, in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Judicial Magistrate or the Metropolitan Magistrate, as the case may be, within whose local jurisdiction the offence has been committed";
(iii) after sub-section (4), before the explanation, the following sub-section shall be inserted, namely:
"(5)(a) 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 (1A) 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 man appointed in this behalf by the State Government, unless it is not possible to do so for reason to be recorded in writing."
(b) Do you agree that a better method of post-mortem is evolved in view of the prevailing view the most of the time due to collusion of police and medical officer, the post-mortem is not done properly?
(c) Are you of the opinion that if a prima facie case is made out whether he can commit the case to the Court of Session for trial as provided in section 209 in order to avoid further delay?