amendment was made by the Central government in Code of Criminal Procedure (CrPC). The resulting provision — Section 176 (1) A — provides for the police station to inform the nearest judicial magistrate about a death in custody. Under this provision, the magistrate is empowered to hold inquests by ordering a post mortem of the body within two days. On the basis of the same provision, the magistrate can direct an inquiry thereafter.

Sub: Guidelines regarding conducting of Magisterial Enquiry in cases of Death in Custody or in the course of police action.

I. Following guidelines should be followed while conducting the magisterial enquiry in case of custodial death or death in the course of police action.

i Magisterial enquiry be conducted at the earliest without undue delay.

ii The Enquiry magistrate should visit the place of occurrence to the acquaintance with the facts on ground. During the visit to the scene of crime, the Enquiry Officer should make an attempt to identify natural witnesses who are likely to have been present at the scene of crime. Enquiry Officer should take them into confidence and try to record their statements. Many a times members of the family of the deceased narrate the motive of the police officer who staged the encounter for killing the deceased. The motive so given should be thoroughly investigated for its veracity or otherwise.

iii A public notice be issued through the vernacular newspapers to inform witnesses concerned with the enquiry. The enquiry magistrate should ensure that the information reaches all concerned particularly the close relatives of the victim. A free and fair opportunity should be given to the relatives of the victim while recording their statements.

iv The magisterial enquiry should cover the following aspects.

a) The circumstances of death

b) The manner and sequence of incidents leading to death

c) The cause of death

d) Any person found responsible for the death, or suspicion of foul play that emerges during the enquiry.

e) Act of commission/omission on the part of public servants that contributed to the death

f) Adequacy of medical treatment provided to the deceased.

V The enquiry magistrate should examine and verify the following records.

a) Inquest Report

b) Post Mortem Report: It is seen that the Enquiry Officer does not analyze the Post Mortem report; no attempt is made to draw any inference about the genuineness or otherwise of the encounter. PM report should be thoroughly analyzed; if necessary, help of State FSL should be taken.

c) Viscera Analysis Report

d) Histopathological Examination Report

e) cause of death

f) MLC report/Initial Health Screening Report of the prisoner

g) Medical treatment records

h) Inquiry/Investigation report of the police

i) FIR/General Diary (GD) entries/any other relevant police records.

j) Ballistic examination reports of weapon and cartridges, if any, alleged to be used in the incident by the deceased.

k) Forensic examination report of ‘hand wash’ of the deceased.

l) The finger print expert report on finger print impression available on weapon alleged to have been used by the deceased.

vi The magistrate should examine family members and relative of the deceased, eye witnesses having information of the circumstances leading to encounter, doctors who have conducted the post mortem/provided treatment to the deceased, concerned police/prison officials, independent witnesses, co-prisoners and other such relevant persons.

II Report Writing

The Magisterial Enquiry Report should contain the gist of statements recorded, documents examined, discussion on allegations proved/not proved and grounds on which conclusion has been arrived at. MER should also contain specific/definite opinion about circumstances leading to death, whether use of force was justified and action taken lawful. The act of commission/omission on the part of public servants should be specified and names of officials responsible for death/cause of death may also be indicated. The enquiry magistrate may also suggest any systemic changes or improvement that may need to be brought about to void any such incidents in the future.

III Annexure to be attached with the report:-

a) The statements of the family members/relatives of the deceased, concerned doctors who rendered medical treatment/conducted post mortem, concerned police/prison official, co-prisoners, independent witnesses and other such relevant persons.

b) All other external reports which have been referred to or relied upon by the enquiry magistrate in his/her magisterial enquiry.

Hello,

Yes the same has to be conducted. There is no specific provision theough the same has evolved through judicial activism. Go through the following link to know the procedure:

http://nhrc.nic.in/Documents/Guidelines_conducting_Magisterial_Enquiry_in_cases_of_CD_or_police_action.pdf

Go through the following link to study about the judicial history of the same:

http://shodhganga.inflibnet.ac.in/bitstream/10603/89148/17/17chapter%209.pdf

where public functionaries are involved and the matter relates to the violation of fundamental rights or the enforcement of public duties, the aggrieved person can very well approach this Court for necessary relief, including compensation under Article 226 of the Constitution of India.Once a person was taken into custody by the Police and as long as he is under their custody, the Police are responsible for the safety and security of the person concerned.

When negligence of Police personnel caused death, Government is vicariously liable to pay reasonable compensation.

1. The inquiry has to be conducted under section 176 (1) which mandates the police station to inform the nearest judicial magistrate about any death in custody. whereupon the magistrate has to hold inquest by ordering a post mortem of the body within two days.

2. Furthermore, the relatives of the deceased can always file a writ petition in the High Court to seek a fair investigation or even a CBI inquiry.

1. There is no such rule. When there is pressure from public and politicians a magisterial enquiry will be conducted.

2. Normally such cases will be closed by police themselves by giving so many other reasons and getting medical certificates.

3. Asst. Commissioner of revenue who is also known as Exectutive Magistrate will be informed by way of a report.

Dear Client,

It is mandatory for Magisterial enquiry and that also to be conducted at the earliest without undue delay.

Regarding above guidelines on many occasions been issued by National Human Rights Commission.

READ below

SELECTED NHRC GUIDELINES

1. On Custodial Deaths/Rapes

a) Letter to all Chief Secretaries on the reporting of custodial deaths within 24 hours.

No. 66/SG/NHRC/93

National Human Rights Commission

Sardar Patel Bhavan

New Delhi

14 December, 1993

From:

R.V. Pillai, Secretary General

To:

Chief Secretaries of all States and Union Territories

Sir/Madam,

The National Human Rights Commission at its meeting held on the 6th instant discussed the problems of custodial deaths and custodial rapes. In view of the rising number of incidents and reported attempts to suppress or present a different picture of these incidents with the lapse of time, the Commission has taken a view that a direction should be issued forthwith to the District Magistrates and Superintendents of Police of every district that they should report to the Secretary General of the Commission about such incidents within 24 hours of occurrence or of these officers having come to know about such incidents. Failure to report promptly would give rise to presumption that there was an attempt to suppress the incident.

2. It is accordingly requested that the District Magistrates/Superintendents of Police may be given suitable instructions in this regard so as to ensure prompt communication of incidents of custodial deaths/custodial rapes to the undersigned.

Yours faithfully,

Sd/-

(R.V. Pillai)

176. Inquiry by Magistrate into cause of death.

(1) 2 When any person dies while in the custody of the police or when the case is of the nature referred to in clause (i) or clause (ii) of sub- section (3) of section 174] the nearest Magistrate- empowered to hold inquests shall, and in any other case mentioned in sub- section (1) of section 174, 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 police officer; and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence.

(2) The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter prescribed according to the circumstances of the case.

(3) Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined.

(4) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present at the inquiry. Explanation.- In this section, expression" relative" means parents, children, brothers, sisters and spouse.