Report No. 152
9.3. Inquiry by Magistrate.-
Section 176(1) of the Code, as amended in 1983, inter alia, makes an inquiry by the Magistrate into the cause of death mandatory, where any person dies while in the custody of the police. We need not discuss the procedure in detail as contemplated by this section. However, this kind of enquiry has generally been a formality and it does not inspire confidence, as the Inquiry is made by an Executive Magistrate.
In the towns of Calcutta and Bombay, the Corners Act, 1871 is applicable and inquests into suspicious deaths are conducted by the Coroner or his deputies, appointed under the act.