The Indian law provides for a Magisterial Inquiry in relation to the custodial death. Section 176 of the Code of Criminal Procedure directly deals with this eventuality. #CustodialDeath #MentorTalk #HemantBatra Section 176(1) CrPC provides that a Magistrate, who has jurisdiction to hold inquests regarding an unnatural death, may hold an inquiry into the cause of death and this will be in addition to the investigation held by the police officer. This provision grants the Executive Magistrate or Judicial Magistrate the discretion to hold such an inquiry. Then there is Section 176(1A), which is a special provision, while the previous provision of 176(1) is a general provision. Section 176(1)A deals with cases of death, disappearance, or rape in police custody. The provision empowers and mandates the Judicial Magistrate or the Metropolitan Magistrate, within whose local jurisdiction the offence has been committed to mandatorily hold an inquiry in addition to the inquiry or investigation held by the police, in the cases of death, disappearance or rape in police custody. The fundamental ingredients of this special provision, which makes it so special and different from the general section are that this inquiry is not an Executive Magisterial inquiry but a judicial inquiry by a Judicial Magistrate; and it goes parallel with the police investigations. And finally, it is a mandatory inquiry.