Jharkhand HC seeks clarity on inquiries in 450 custodial deaths
What's the story
The Jharkhand High Court has asked the state government to clarify if judicial inquiries were conducted in all cases of custodial deaths. The court's direction comes after it noted nearly 450 such deaths between 2018 and 2025. The information was submitted by the state Home Department, but it did not clearly mention whether judicial magistrate inquiries were held in every case.
Legal mandate
Court refers to statutory provisions
The court referred to section 176(1-A) of the Criminal Procedure Code (CrPC), which mandates judicial inquiries in cases of death or disappearance in police or court-authorized custody. The Bench also noted similar provisions under section 196 of the BNSS. A Public Interest Litigation (PIL) filed in 2022 had highlighted over 160 custodial deaths between 2018 and 2022, prompting the court to seek updated data till 2025.
Inquiry details
Home Secretary to file affidavit
The court has asked the Home Secretary to file an affidavit detailing how many cases had judicial inquiries and where they weren't held. It also wants clarification on compliance with BNSS provisions for deaths from 2023 to 2025. The court emphasized the need to ascertain the cause of death and adherence to National Human Rights Commission (NHRC) guidelines.
Underreporting concerns
Petitioner claims custodial deaths are underreported
Advocate Md Shadab Ansari, representing the petitioner, argued that despite statutory mandates, provisions haven't been implemented properly in Jharkhand. He claimed police custody deaths are underreported, as authorities often disown them by claiming escape or suicide scenarios. State counsel Gaurav Raj said the court was looking into whether magisterial inquiries were conducted for all custodial deaths and clarified that "Magistrate" could refer to either a Judicial or Executive Magistrate according to CrPC and BNSS provisions.