1. Monitoring compliance with D.K. Basu directions to prevent custodial violence and reduce custodial deaths. (Para 1 )
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2001 Supreme(SC) 1431
Supreme Court Of India
DR A.S. Anand, CJI., R.C. LAHOTI AND P. VENKATARAMA REDDI, JJ
Record of Proceedings
DILIP K. BASU AND OTHERS Petitioners;
Versus
STATE OF WB. AND OTHERS Respondents.
Crl. MPs. Nos. 4201 of 1997, 4105 of 1999, 2600-01 of 2000 and 480 of 2001 in WPs (Crl.) Nos. 539 of 1986 and 592 of 1987,
Deecided on October 12,2001
The Court mandated that inquiries into custodial deaths under Section 176 CrPC should be completed within four months, or an extension sought from the Sessions Judge, to ensure that safeguards against custodial violence are effectively implemented.
Headnote:(A) Code of Criminal Procedure - Section 176 - Custodial death - Inquiry by Magistrates - Directions for expeditious completion - In order to prevent and reduce incidents of custodial violence, all States and Union Territories are directed to issue instructions to agencies concerned for completing the inquiry by Magistrates into causes of custodial death as envisaged by Section 176 CrPC, as far as possible within a period of four months - In cases where the inquiry cannot be completed within four months, reasons shall be recorded by the officer and permission sought from the Sessions Judge of the district concerned for an extension - Sessions Judges, while granting extension, shall keep in view the desirability of early completion of such inquiries to ensure that the objects of safeguards against custodial violence are not frustrated. (Para 2)
Facts of the case:
This proceeding arises from the monitoring of compliance with a previous set of guidelines laid down by the Court regarding basic requirements to be followed in all cases of arrest or detention to reduce custodial violence. After receiving affidavits from most States and Union Territories regarding the implementation of these requirements, the Court considered the need for further monitoring and the status of mandatory inquiries into custodial deaths.
Findings of Court:
The Court observed that for the objectives of preventing custodial violence to be realized, the inquiries into the causes of death while in police custody must be conducted in a timely manner.
Issues: Whether a specific timeframe should be mandated for the completion of inquiries under Section 176 CrPC to prevent the frustration of custodial violence safeguards.
Ratio Decidendi: Expeditious completion of inquiries under Section 176 CrPC is necessary to maintain the efficacy of legal safeguards designed to prevent custodial violence.
Result: Directions issued to all States and Union Territories to complete inquiries within four months or seek extension from the Sessions Judge; matter listed for further directions.
Legal Category Hierarchy
Table of Contents
2. States complied with D.K. Basu directions; amicus suggested further monitoring agencies to save court time. (Para 1 )
3. Magistrate inquiries under Section 176 CrPC for custodial deaths must be completed within four months as directed. (Para 2 )
4. Section 176 CrPC inquiries into custodial deaths must be completed within four months unless extended by Sessions Judge. (Para 2 )
5. Direct all States and Union Territories to complete Section 176 CrPC inquiries into custodial deaths within four months. (Para 2 , 3 , 4 )
6. What is the time limit for completing a Magistrate's inquiry into a custodial death under Section 176 CrPC?
The inquiry must be completed within four months; if not, reasons must be recorded and extension sought from the Sessions Judge. (Para 2 )
7. What happens if a Section 176 CrPC inquiry into custodial death cannot be completed within four months?
The officer must record reasons and seek permission from the district Sessions Judge for more time, who must consider early completion. (Para 2 )
8. Why did the Court issue directions for expeditious Section 176 CrPC inquiries?
To ensure the object of the D.K. Basu directions preventing custodial violence is not frustrated by delayed inquiries. (Para 2 )
ORDER
1. In D.K. Basu Case1 this Court gave certain basic "requirements", in addition to the safeguards provided under the Code of Criminal Procedure and other laws, to be followed in all cases of arrest or detention, till legal provisions are made in that behalf, as a easure to prevent and in any case to reduce incidents of custodial violence. As many as 11 "requirements" were laid down in that order, dated 18-12-1996. Subsequently, on an application filed by the learned amicus, to assess whether those directions were being respected and complied with by various States and Union Territories, we issued notice to all the States and Union Territories calling upon them to file affidavits and state in a tabular form whether each of those 11 "requirements" was being complied with and if not, the reasons for non-compliance. Almost all the States and Union Territories have filed their affidavits. Charts have also been filed indicating which of the directions have been complied with and the deficiency in complying with other requirements. Dr A.M. Singhvi, learned amicus submits that since the affidavits from almost all the States and Union Territories have now been received, he would put in writing certain suggestions for further monitoring of the case by agencies other than see by this Court to save the time of this Court. Let him file necessary suggestions within one week.
2. In the meanwhile, after considering the affidavits and reports filed on a behalf of various States and Union Territories, it appears appropriate to us to direct all the States and Union Territories to issue instructions to the agencies concerned for completing the inquiry by Magistrates into causes of custodial death as envisaged by Section 176 CrPC, as far as possible within a period of four months. In case, where the inquiry into the cause of death while in police custody, cannot be completed within the aforesaid period of four months, reasons shall be recorded by the officer and permission sought from the Sessions Judge of the district concerned for some more time to complete the inquiry. The Sessions Judges shall, while granting extension keep in view the desirability of early completion of Section 176 CrPC inquiries. We are issuing this direction for expeditious completion of the inquiries under Section 176 CrPC so that the object given in the directions in D.K. Basu Casel is not frustrated.
3. Learned counsel for the States and the Union Territories undertake to communicate this direction to the respective State Governments/Union Territories for strict compliance.
4. List on 19-10-2001 at 10.30 a.m. for further directions.
