(3) When there is any doubt regarding the cause of death, or when for any other reason the police
officer considers it expedient so to do, he shall, subject to such rules as the1[Provincial Government] may
prescribe in this behalf, 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 1[Provincial Government], if the state of the
weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as
would render such examination useless.
2
* * * * *
3["(5) [The Magistrates of the first class are empowered to hold inquests."]
4[174A. Grievous injury by burns.__ (1) where a person, grievously injured by burns through fire,
kerosene oil, acid, chemical or by any other way, is brought to a Medical Officer on duty designated by the
Provincial Government for this purpose or, such incident is reported to the OfficerinCharge of a Police
Station, such Medical Officer on duty, or, as the case may be, OfficerinCharge of Police Station, shall
immediately give intimation thereof to the nearest Magistrates simultaneously, the Medical Officer on duty
shall record the statement of the injured person immediately on arrival so as to ascertain the circumstances
and cause of the burn injuries. The statement shall also be recorded by the Magistrate in case the injured
person is still in a position to make the statement.
(2) The Medical Officer on duty, or, as the case may be, the Magistrate, before recording the statement
under subsection (1), shall satisfy himself that the injured person is not under any threat or duress. The
statement so recorded shall be forwarded to the Session Judge and also to the District Superintendent of
Police and OfficerinCharge of the Police Station, for such action as may be necessary under this Code.
(3) If the injured person is unable, for any reason, to make the statement, before the Magistrate, his
statement recorded by the Medical Officer on duty under subsection(1) shall be sent in sealed cover to the
Magistrate or the trial court if it is other than the Magistrate and may be accepted in evidence as a dying
declaration if the injured person expires.]
175. Power to summon persons.__(1) A policeofficer 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. 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 policeofficer to attend a Magistrate's Court.
176. Inquiry by Magistrate into cause of death.__(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
section 174, clauses (a), (b) and (c) of subsection (1), 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
1 Subs. by A.O. 1937, for "L. G."
2 Subsection (4) omitted by A.O., 1949, Sch.
3 Subs. by Ord. 37 of 2001, S. 51 (w.e.f 14082001).
4 Ins. by Ord. 64 of 2001, S. 2.
Page 89 of 319