18. Amendment of section 176.- 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 or in any other custody authorised by the Magistrate or the Court, under this Code, 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) 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 person appointed in this behalf by the State Government, unless it is not possible to do so for reasons to be recorded in writing.".
|