MINISTER OF THE STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI AJAY MAKEN)
(a) to (c): A Statement is laid on the Table of the House.
STATEMENT IN REPLY TO PARTS (a) TO (c) OF THE LOK SABHA STARRED QUESTION NO. 185
FOR 23.11.2010 REGARDING “DEATH IN POLICE CUSTODYâ€
(a): The number of cases registered by the National Human Rights Commission (NHRC) during the last three
years in respect of intimations regarding custodial deaths in States/Union Territories are as mentioned
below :
Year Custodial deaths
2007-08 2267
2008-09 1943
2009-10 1794
Out of these deaths, only 187, 127 and 125 deaths were in Police Custody during the corresponding years.
(b) to (c): As per the Seventh Schedule of the Constitution of India, “Police†and “Public Order†are State
subjects. It is for the State Government to take action in every crime including custodial deaths. However,
the Central Government issues advisories and the NHRC issues guidelines and recommendations.
In an important step aimed at curbing custodial violence, all the State Governments/Union Territories were
advised by NHRC in 1993 to issue directions to the District Magistrates and Superintendents of Police of
every district that they should report to the Secretary General of the National Human Rights Commission
about incidents of custodial death and custodial rape within 24 hours of occurrence of the event and that
failure to report promptly will give rise to the presumption that there was an attempt to suppress the
incident.
Further, Section 176 of the Criminal Procedure Code has been amended vide Code of Criminal Procedure
(Amendment) Act 2005 to provide that in cases of death or disappearance of a person or rape of a woman
while in 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. Section 357 of
Cr. P.C. empowers the Courts to grant compensation to the victim and order for payment of cost of
the prosecution.
The guidelines issued by the NHRC in respect of procedures to be followed by the State Governments in
dealing with deaths occurring in encounters with the police were circulated to all Chief Secretaries
of States and Administrators of Union Territories on 29.03.1997. Subsequently on 02.12.2003, revised
guidelines of the NHRC have been issued and it was emphasized that the States must send intimation to
the Commission of all cases of deaths arising out of police encounters. The NHRC also recommended that
in case of death in the course of police action, where the police officer belonging to the same police
station is a member of the encounter party whose action resulted in death, such cases should be handed
over for investigation to some other independent investigating agency, such as State Crime Branch of
Criminal Investigation Department (CBCID). Besides, whenever a specific complaint is made against the
police alleging commission of a criminal act on their part which makes out a cognizable case of culpable
homicide, a First Information Report (FIR) to this effect must be registered under appropriate sections
of the Indian Penal Code. A Magisterial Inquiry must invariably be held in all cases of deaths which
occur in the course of police action. The next of kin of the deceased must invariably be associated
in such inquiry. All the States and Union Territories have been directed to send a six monthly statement
of all cases of deaths in police action in the States/Union Territories through the Director General of
Police to the NHRC.
Further, the NHRC has reiterated its guidelines on 12.05.2010 to all State Governments/Union
Territory Administrations for investigation into cases of deaths caused in police action.
