Jharkhand HC makes judicial probe mandatory in custodial death, rape cases

RANCHI: The Jharkhand High Court on Thursday delivered a significant ruling on a public interest litigation on custodial deaths and rape cases in the state, mandating that a judicial inquiry will now be compulsory in every such instance.

A division bench of Chief Justice M.S. Sonak and Justice Rajesh Shankar directed that any death or rape occurring in police custody or jail custody must be subjected to a judicial inquiry without exception.

The court ruled that such inquiries are mandatory under Section 196(2) of the Bharatiya Nagarik Suraksha Sanhita and the corresponding provision contained in Section 176(1A) of the erstwhile Criminal Procedure Code (CrPC).

Earlier, the Jharkhand government had been getting inquiries into custodial deaths and rape cases conducted through Executive Magistrates, and judicial inquiries were not treated as mandatory in the state. The High Court’s order will now bring a complete change in this system.

The bench also directed the Jharkhand Legal Services Authority (JHALSA) to frame a Standard Operating Procedure (SOP) in accordance with the guidelines of the National Human Rights Commission to ensure fair, impartial and proper investigation of custodial death and rape cases.