Custodial Death Case — Advocate at Asansol Court

Section 196 of the Sanhita requires a Magistrate to hold an inquiry into the cause of death where a person dies or disappears while in police custody or in any other custody authorised by a Magistrate or the court. The inquiry is in addition to the police investigation. The Magistrate records evidence, may order the body to be disinterred, and must inform the relatives and allow them to remain present.

Section 194 of the Sanhita governs the inquest, and the body must be forwarded for examination to the nearest civil surgeon within twenty-four hours unless that is impossible for recorded reasons. The post-mortem must be videographed, and the report should be obtained by the family. A death in custody must also be reported to the National Human Rights Commission and the State Human Rights Commission within twenty-four hours under the Commission's guidelines.

The magisterial inquiry is the family's best opportunity to place its version on record. The Magistrate can examine the officers present, the other inmates, the doctor and the family. The family should submit a written application setting out its doubts, naming the officers involved and asking for specific witnesses to be examined. A copy of the inquiry report should be demanded once it is complete.

The inquiry is not a trial, but its findings carry great weight. If the Magistrate finds that the death was caused by violence or neglect, the report becomes the basis for a criminal case and for departmental action. If the inquiry is perfunctory, the family can challenge it in the High Court. The family should therefore attend every sitting, keep a note of what is recorded, and object in writing where a relevant witness is not examined.

The National Human Rights Commission and the West Bengal Human Rights Commission can inquire into custodial deaths. The NHRC's guidelines require the district authorities to report a custodial death within twenty-four hours, and the Commission may direct an independent investigation, call for the post-mortem and inquiry reports, and recommend compensation and prosecution. A complaint to the Commission should be filed immediately, with the date, place and custody details.

The Commission can recommend that the investigation be transferred to an independent agency, and it can award compensation in appropriate cases. Its recommendations are not directly enforceable as a decree, but they are persuasive and are frequently relied on by the High Court. A parallel complaint to the Commission keeps pressure on the investigation and creates an independent record that the family can use later.

Where the death is caused by the acts of police officers, the offences lie under the Bharatiya Nyaya Sanhita 2023. Causing death by negligence is punishable under Section 106, culpable homicide not amounting to murder under Section 105, and murder under Sections 101 and 103. Where the officer's conduct amounts to a public servant knowingly disobeying the law with intent to cause injury, Section 198 applies, and Section 199 covers certain procedural disobedience during investigation.

Prosecution of a police officer for an act done in the discharge of official duty generally requires prior sanction from the government. The Supreme Court has held that the protection does not extend to acts that are manifestly outside the scope of duty, such as torture or a fabricated encounter. The complaint must therefore describe the act with precision, so that the sanction question is decided on the true nature of the allegation.

The Constitution allows the High Court, in a writ petition, to award compensation for the violation of the right to life. In Nilabati Behera v. State of Orissa the Supreme Court held that compensation is a public law remedy available against the State for custodial death, independent of the criminal case. The Calcutta High Court has awarded compensation in such matters, and the family can claim it while the criminal investigation continues.

Compensation does not require proof of the identity of the officer who caused the death; it rests on the State's strict liability for a person in its custody. The family should file a writ petition with the post-mortem report, the magisterial inquiry report and the Commission's findings. A civil suit for damages is also possible, but the writ route is faster and does not depend on the outcome of the criminal trial.

The family should also preserve the clothes and belongings of the deceased, the custody register entry and the names of the officers on duty. These are often the only independent proof of who had control of the person at the relevant time. A request for the case diary and the inquiry file should be made in writing, and a copy of the post-mortem report should be obtained before the body is cremated.