IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

MISCELLANEOUS APPLICATION NO._____ OF 2020
In
W.P. (CRL.) NO. 539 of 1986

IN THE MATTER OF:

DILIP K. BASU PETITIONER

VERSUS

STATE OF WEST BENGAL AND ORS. RESPONDENTS

APPLICATION FOR DIRECTIONS ON BEHALF OF THE AMICUS

CURIAE, DR. ABHISHEK MANU SINGHVI

Place: New Delhi

Date: __.07.2020

ADVOCATE FOR AMICUS CURIAE: LZAFEER AHMAD B F

 INDEX
S. No. Particulars Pages
1. Application for Directions on behalf of the Amicus 1-25
Curiae
2. ANNEXURE A-1 1-33
Copy of the relevant pages of Annual Report of
NCRB for the year 2015 showing State & UTs
breakup
3. ANNEXURE A-2 34-44
Copy of the relevant pages of Annual Report of
NCRB for the year 2016 showing State & UTs
breakup
4. ANNEXURE A-3 45-53
Copy of the relevant pages of Annual Report of
NCRB for the year 2017 showing State & UTs
breakup
5. ANNEXURE A-4 54-62
Copy of the relevant pages of Annual Report of
NCRB for the year 2018 showing State & UTs
breakup
6. ANNEXURE A-5 63-64
Copy of the relevant pages of the NHRC annual
report for the year 2014-2015
7. ANNEXURE A-6 65-66
Copy of the relevant pages of the NHRC annual
report for the year 2015-2016
8. ANNEXURE A-7 67
Copy of the relevant pages of the NHRC annual
 report for the year 2016-2017
9. ANNEXURE A-8 68
Copy of the relevant pages of the NHRC annual
report for the year 2017-2018
10. ANNEXURE A-9 69-79
Copy of the news reports dated nil about the
custodial violence and deaths in the recent past

LZAFEER AHMAD B F
AOR FOR THE AMICUS
AOR CODE:2941
 1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
MISCELLANEOUS APPLICATION NO. ___ OF 2020
In
W.P. (CRL.) NO. 539 of 1986

IN THE MATTER OF:

DILIP K. BASU PETITIONER

VERSUS

STATE OF WEST BENGAL AND ORS. RESPONDENTS

APPLICATION FOR DIRECTIONS ON BEHALF OF THE AMICUS CURIAE

TO
THE HON BLE CHIEF JUSTICE OF INDIA AND HIS
HON BLE COMPANION JUSTICE OF THE
SUPREME COURT OF INDIA.
THE HUMBLE PETITION OF THE PETITIONER
ABOVENAMED

MOST RESPECTFULLY SHOWETH:

1. The above petition arises out of a letter addressed by the Petitioner to

this Hon'ble Supreme Court to develop a "custody jurisprudence" on

account of the rising and unaddressed issue of custodial violence and

torture. The instant application is preferred seeking directions on

account of recent reported cases of custodial deaths and transgressions

by the police.

2. Thi H be C ha a ed e e a j dg e a d de i he

present Writ Petition, which are set out as under:

 2
(i) [(1997) 1 SCC 416] dated 18.12.1996 (2JJ.) (Main Judgment

wherein this Court had issued 11 directions to be followed as a

matter of procedure by the police while making an arrest);

(ii) [(1997) 6 SCC 642] dated 01.08.1997 (2JJ.) [procedural order]

(iii) [(1998) 9 SCC 437] dated 07.11.1997 (2JJ.) [procedural order]

(iv) [(1998) 6 SCC 380] dated 01.05.1998 (2JJ.) [procedural order]

(v) [(2003) 11 SCC 725] dated 12.10.2001 (3JJ.) [non-procedural

order wherein this Court had directed States and Union Territories

to issue instructions to ensure that Magistrate inquiry into custodial

deaths are completed within 4 months unless extended by a

reasoned order of the Sessions Judge]

(vi) [(2003) 11 SCC 723] dated 19.10.2001 (3JJ.) [non-procedural

order wherein this Court had directed that the State Human Rights

Commission constitute a sub-committee to determine whether the

11 requirements of the main judgment were being complied with.]

(vii) [(2002) 10 SCC 741] dated 15.02.2002 (2JJ). [procedural order]

(viii) [(2003) 12 SCC 174] dated 07.05.2003 (2JJ.) [procedural order]

(ix) [(2015) 8 SCC 772] dated 05.08.2014 (3JJ.) [Procedural order

wherein this Court sought to consider some additional

recommendations of the amicus to further the objective of the DK

Basu directions].

(x) [(2015) 8 SCC 744] dated 14.07.2015 (2JJ.) [Second and final

judgment wherein this Court considered the recommendations of

 3
the amicus and issued 9 further guidelines to achieve the objective

of the DK Basu directions.]

BACKGROUND

3. The present amicus was appointed as amicus by this Hon'ble Court to

assist the Court has been part of each and every hearing and judgment

/ order as aforesaid upto date and whose contribution has also been

appreciated and recognized by this Court.

4. The first set of directions were issued by this Court on 18.12.1996

laying down the following:-

(i) The police personnel carrying out the arrest and handling the

interrogation of the arrestee should bear accurate, visible and

clear identification and name togs with their designations. The

particulars of all such police personnel who handle interrogation

of the arrestee must be recorded in a register.

(ii) That the police officer carrying out the arrest of the arrestee shall

prepare a memo of arrest at the time of arrest a such memo shall

be attested by atleast one witness. who may be either a member

of the family of the arrestee or a respectable person of the locality

from where the arrest is made. It shall also be counter signed by

the arrestee and shall contain the time and date of arrest.

(iii) A person who has been arrested or detained and is being held in

custody in a police station or interrogation centre or other lock-up,

 4
shall be entitled to have one friend or relative or other person

known to him or having interest in his welfare being informed, as

soon as practicable, that he has been arrested and is being

detained at the particular place, unless the attesting witness of

the memo of arrest is himself such a friend or a relative of the

arrestee.

(iv) The time, place of arrest and venue of custody of an arrestee

must be notified by the police where the next friend or relative of

the arrestee lives outside the district or town through the legal Aid

Organisation in the District and the police station of the area

concerned telegraphically within a period of 8 to 12 hours after

the arrest.

(v) The person arrested must be made aware of this right to have

someone informed of his arrest or detention as soon he is put

under arrest or is detained.

(vi) An entry must be made in the diary at the place of detention

regarding the arrest of the person which shall also disclose the

name of he next friend of the person who has been informed of

the arrest an the names and particulars of the police officials in

whose custody the arrestee is.

(vii) The arrestee should, where he so requests, be also examined at

the time of his arrest and major and minor injuries, if any present

on his/her body, must be recorded at that time. The "Inspection

 5
Memo" must be signed both by the arrestee and the police officer

effecting the arrest and its copy provided to the arrestee.

(viii) The arrestee should be subjected to medical examination by

trained doctor every 48 hours during his detention in custody by a

doctor on the panel of approved doctors appointed by Director,

Health Services of the concerned Stare or Union Territory.

Director, Health Services should prepare such a penal for all

Tehsils and Districts as well.

(ix) Copies of all the documents including the memo of arrest,

referred to above, should be sent to the illaqa Magistrate for his

record.

(x) The arrestee may be permitted to meet his lawyer during

interrogation, though not throughout the interrogation.

(xi) A police control room should be provided at all district and state

headquarters, where information regarding the arrest and the

place of custody of the arrestee shall be communicated by the

officer causing the arrest, within 12 hours of effecting the arrest

and at the police control room it should be displayed on a

conspicuous notice board.

5. During the course of the hearings, two important sets of non-procedural

orders were issued by this Court vide it's orders dated 12.10.2001 and

19.10.2001, as mentioned hereinabove in paragraph 2.

 6
6. These were further augmented by additional guidelines / directions

issued by this Court in it's judgment dated 24.07.2015 stating the

following:-

(i) The States of Delhi, Himachal Pradesh, Mizoram, Arunachal

Pradesh, Meghalaya, Tripura and Nagaland shall within a period

of six months from today set up State Human Rights

Commissions for their respective territories with or without resort

to provisions of Section 21(6) of the Protection of Human Rights

Act, 1993.

(ii) All vacancies, for the post of Chairperson or the Member of

SHRC wherever they exist at present shall be filled up by the

State Governments concerned within a period of three months

from today.

(iii) Vacancies occurring against the post of Chairperson or the

Members of the SHRC in future shall be filled up as expeditiously

as possible but not later than three months from the date such

vacancy occurs.

(iv) The State Governments shall take appropriate action in terms

of Section 30 of the Protection of Human Rights Act, 1993, in

regard to setting up/specifying Human Rights Courts.

(v) The State Governments shall take steps to install CCTV cameras

in all the prisons in their respective States, within a period of one

year from today but not later than two years.

 7
(vi) The State Governments shall also consider installation of CCTV

cameras in police stations in a phased manner depending upon

the incidents of human rights violation reported in such stations.

(vii) The State Governments shall consider appointment of non-official

visitors to prisons and police stations in terms of the relevant

provisions of the Act wherever they exist in the Jail Manuals or

the relevant Rules and Regulations.

(viii) The State Governments shall launch in all cases where an

enquiry establishes culpability of the persons in whose custody

the victim has suffered death or injury, an appropriate prosecution

for the commission of offences disclosed by such enquiry report

and/or investigation in accordance with law.

(ix) The State Governments shall consider deployment of at least two

women constables in each police station wherever such

deployment is considered necessary having regard to the number

of women taken for custodial interrogation or interrogation for

other purposes over the past two years.

7. The aforesaid directions have significantly changed awareness,

transparency, ground reality, monitoring and policing. Despite the

significant changes, there exists a large gap between the stated

objective and ground reality and contemporary events have underlined

the need for urgent and efficacious intervention on core issues.

 8
8. As per the 2017-18 Annual Report published by the NHRC, it received

1,636 intimations concerning death in judicial custody, and 148

intimations of death in police custody during the year 2017-18. During

the same period, apart from monetary relief in some of the cases, the

Commission had recommended prosecution in only 2 cases and

departmental inquiry in only 38 cases, i.e., in only 2.2% of the cases in

which the commission had received information of custodial deaths. For

the year 2016-17 the commission had recommended prosecution in 4

cases and departmental inquiry in 16 cases, i.e. in 1.2% of the

approximate 1750 intimations it had received in the period. The Annual

report also notes that the NHRC has urged the States / Union

Territories to take speedy action on intimation. Even the illustrative

cases highlighted in the Annual Report states that the Commission is

awaiting compliance report from the states. Elaborate details on the

same are further set-out hereinbelow.

9. An overview of the annual reports of NHRC would show that there has

been no reduction in number of custodial deaths (police and judicial

custody) and are in fact gradually rising with total cases increasing from

1700 in 2012-13 to 1819 in 2015-16.

10. The 2018 Crime in India Statistics released by the National Crime

Record Bureau is a startling revelation of the lackadaisical approach to

human rights and liberty adopted by the states and the police

authorities. Out of the 70 cases of police custody deaths, charge-sheet

 9
had been filed only in 5 cases. While there have been a total of 10

cases registered against police personnel for encounter killing, custodial

death, and torture during the same period, none of these cases have

resulted in conviction.

11. This application is therefore moved on the basis of:- (a) an attempt to

further expand and enhance the institutional framework for minimizing

custodial death and custodial torture; (b) provide intrinsic and

substantial safeguard to citizens and public to minimize such

transgressions; and (c) ensure a reform that is case neutral, event

neutral and state neutral and focusses on issues, principles of human

and civil rights, safeguards and methodologies. It is clarified that this

application is not specific nor limited nor arising only because of the

Tamil Nadu or Vikas Dubey incident which are used merely as

illustrative examples to create the legal safeguards.

12. The lack of accountability for such transgressions and violation of

personal freedom, liberty and dignity by police officers results in scant

regard for the guidelines, protocols, SOPs issued by this Hon'ble Court,

the National Human Rights Commission and the various State Human

Rights Commission. In a nutshell, it is submitted that the core issues

arising while grappling with the larger problem of who will guard the

guardians centers around the following:-

 10
(i) the small and inconsequential number of cases where despite

allegations of custodial death, torture, departmental action is not

even initiated.

(ii) where, in a small and highly unsatisfactory number of cases it is

so initiated, virtually nil or abysmally low figures of actual

departmental dismissals of errant police officials is achieved.

Unless exonerated at the threshold by unimpeachable evidence,

every errant police officer must face a mandatory departmental

inquiry and be suspended pending inquiry in every case of

custodial death / torture to ensure and maintain sanctity of the

process of inquiry.

(iii) an abysmally low number of cases where prosecution is even

initiated against the police officials for custodial deaths and / or

torture.

(iv) even in this abysmally small number of cases, an infinitely

decimal fraction where actual conviction is achieved as detailed

hereinbelow.

(v) the inordinate delay in either initiating and if initiated, in

completing the mandatory inquiry of deaths in police custody

under S. 176 CrPC. There is no reason why such inquiry should

not be completed within 4 months.

(vi) the continued laxity for over 35 years shown by various Central

Government in not enacting and implementing 1985 Law

 11
Commission recommendation directing enactment of section 114-

B into our Evidence Act, raising a rebuttable presumption of

culpability against the police if anyone in their custody dies or is

found to have been tortured.

(vii) The immediate need to make to ensure installation/

operationalise CCTV camera in every police station. It is

submitted that the same has already been observed and

recognized by this Court in point no.6 of the guidelines contained

in the final judgment of 2015, this Court refrained from issuing

mandatory directions to this effect in respect of police police

stations. It was hoped that the same would be done by the police

and the state governments to give full effect to the D K Basu

guidelines and directions. Recent events have now established

how CCTV recordings in police stations are now mandatory.

(viii) As of now, 3 states (viz. Arunachal Pradesh, Mizoram, Nagaland)

do not have a Human Rights Commission at all and the states of

Andhra Pradesh, Himachal Pradesh, Maharashtra, Manipur,

Tamil Nadu All state and Union Territories do not have a

Chairperson (as per the information available on the NHRC

website). Many other states do not have members and other

officials appointed to the commission to the prescribed strength.

Each State and Union must have a Human Rights Commission

which is adequately staffed and governed and functions in

 12
accordance with the Human Rights Act and failure to have a

functioning Human Rights Commission would impede the

achievement of the objectives of DK Basu guidelines.

(ix) Human Rights Courts under S.30 has still not been set up even

though this Court had issued directions to that effect in its

judgment dated 24.07.2015;

(x) Every State and Union Territory must have a sub-committee

established by the Human Rights Commission, that should

monitor every allegation of custodial death and torture and ensure

that unless accused police official is exonerated at the threshold

by the said committee, allegations of any custodial death / torture

must mandatorily lead to suspension of the accused police official

till completion of inquiry.

GLARING INCREASE IN THE NUMBER OF CASES OF CUSTODIAL

DEATH & ENCOUNTER KILLINGS IN RECENT PAST

13. That the data collected by the National Crime Record Bureau (NCRB)

clearly shows an evident and sharp increase in the number of cases of

custodial deaths and encounter killings in past 4-5 years.

14. That the below chart illustrates the date of the custodial (both on police

remand and otherwise) deaths according to the annual report of the

NCRB for the year 2015, 2016, 2017 & 20181:

1
NCRB has till date not issued the annual report for the year 2019.
 13
SNo. Year Custodial Cases Chargesheet Convictions
Deaths Registered Filed
in such
Deaths
1. 2015 97 33 28 0
2. 2016 92 25 24 0
3. 2017 100 62 27 0
4. 2018 70 44 13 0
Total 359 164 92 0

There has been a total of 359 custodial deaths only in past 4 years. This

translates into the fact that roughly every 4th day a person is killed in

police custody and denied a fair trial. Despite such high numbers:-

i. Cases are not filed in more than half of such deaths.

ii. Chargesheet is filed in roughly in merely 1/4th of such deaths.

iii. Above all, no policemen have been convicted till date in such

deaths.

Copy of the relevant pages of Annual Report of NCRB for the year 2015

showing State & UTs breakup is annexed herewith and marked as

ANNEXURE A-1.

Copy of the relevant pages of Annual Report of NCRB for the year 2016

showing State & UTs breakup is annexed herewith and marked as

ANNEXURE A-2.

Copy of the relevant pages of Annual Report of NCRB for the year 2017

showing State & UTs breakup is annexed herewith and marked as

ANNEXURE A-3.
 14
Copy of the relevant pages of Annual Report of NCRB for the year 2018

showing State & UTs breakup is annexed herewith and marked as

ANNEXURE A-4.

15. That the abovementioned data provided by the NCRB is at best a very

conservative figure of custodial deaths/encounter killings and only

depicts the tip of the iceberg because of underreporting of such crimes.

This fact is further substantiated by the data provided by the National

Human Rights Commission (NHRC) in the same period. The below

chart illustrates custodial deaths and encounter killings according to the

annual report of the NHRC for the year 2014-2105, 2015-2016, 2016-

2017 & 2017-2018:-

SNo. Year Custodial Death Encounter Killings

1. 2014-2015 133 192
2. 2015-2016 152 206
3. 2016-2017 146 180
4. 2017-2018 148 164
Total 579 742

It is clear that the data of NHRC shows a significantly higher number

than that of the NCRB.

Copy of the relevant pages of the NHRC annual report for the year

2014-2015 are annexed herewith and marked as ANNEXURE A-5.

Copy of the relevant pages of the NHRC annual report for the year

2015-2016 are annexed herewith and marked as ANNEXURE A-6.

Copy of the relevant pages of the NHRC annual report for the year

2016-2017 are annexed herewith and marked as ANNEXURE A-7.

 15
Copy of the relevant pages of the NHRC annual report for the year

2017-2018 are annexed herewith and marked as ANNEXURE A-8.

16. That it is not only the increase in the number of custodial deaths and

violence that is alarming but the sheer brazenness and brutality of such

deaths and violence is a clear indicator of the rising problem.

Copy of the news reports about the custodial violence and deaths in the

recent past is annexed herewith and marked as ANNEXURE A-9

NEED FOR ROBUST, UNIFORM, EFFECTIVE AND WORKING

INVESTIGATION AND MONITORING APPARATUS.

17. Tha hi H be C , i e occasions, in the instant Writ

Petition, PUCL v. State of Maharashtra (Criminal Appeal No.1255 of

1999) (paragraph 28-31) has given detailed guidelines regarding the

investigation and trail in cases of custodial violence/deaths and

encounter killings .

18. Despite such guidelines the menace of custodial violence/death is

increasing. The data mentioned-above clearly establishes that the

number of cases filed and people chargesheeted are very few and there

have been no conviction at all. The main reason behind this is lack of an

effective, impartial and quick investigation apparatus. Such open and

brazen violation is not only against the protected right under Article 21

but against the whole Constitutional spirit of a civilized society. It is

 16
therefore necessary that a new robust system is put in place

immediately.

19. That it is imperative that the investigation of any custodial

death/encounter killing be handled by a judicial magistrate and not

executive magistrate or police. Both executive magistrates as well as

police are parts of the State Government and therefore there are

serious doubts about the impartiality and fairness in the investigation

carried out by them. It is therefore required that in every district the

District & the Sessions Judge should appoint a judicial magistrate

specially earmarked for carrying on time bound investigation in all the

cases of custodial deaths/encounter killings. It should also be made

mandatory that such Judicial Magistrate be aided by the District &

Police administration to the extent he/she requires.

20. That in addition to a Judicial Magistrate, in every district earmarked for

carrying out a compulsory and time bound investigation, there should

also be a Committee constituted at state level by the respective H be

High C ha i g he H b e Chief J ice f he c ce ed High

Court as its Chairperson. The said Committee shall oversee and

monitor the investigations across state to make sure the time bound

action.

21. That such Judicial Magistrate shall complete a preliminary inquiry based

on independent post mortem reports, within a week to determine if a

custodial death was from natural causes or if there are any indications /
 17
allegation of torture. Unless fully exonerated on unimpeachable medical

evidence, the presumption must be that the custodial death was a result

of torture / violence and investigation must be immediately initiated and

conducted within two months. The trial, if any, shall be then completed

within a year. Any police official being investigated after the preliminary

inquiry, for custodial violence / death / torture must be placed on

mandatory department suspension until acquitted.

22. That to ensure complete closure and justice to the victims of the

custodial deaths/encounter killings it is necessary that the personal

movable and immovable properties of the guilty policemen be attached,

impounded and disposed of to provide adequate monetary

compensation to the dependents or the next of kin of the victim.

23. That in order to have a swift and timely action it is necessary that the

a aid d b hi H be C i Vineet Narain v.Union of India

(1998) 1 SCC 226 (paragraph 5.5) that after the lapse of 3 months if no

decision on sanction to prosecution is taken by the appropriate

government then the same shall be considered to be deemed sanction

to prosecute. The same shall be modified and applied to cases of

custodial deaths/violence to the effect that if the decision on the request

to grant sanction for prosecution is not taken within one month then the

same shall be treated as deemed sanction.

 18
PUBLIC AWARENESS AND PREVENTING NORMALIZATION OF

CUSTODIAL DEATHS/ENCOUNTER KILLINGS

24. That the laws and guidelines are not enough and there is a need of

informed and compassionate citizenry too. Unfortunately due to

continued and prolonged use of state violence and its depiction in the

a c e c ed i h ack f e a ae e f e

rights, has normalized the custodial deaths/encounters with public often

celebrating such "knee-jerk vengeance justice" thereby denying a victim

the dignity of a fair trial. In recent past the custodial deaths/encounters

have not seen the necessary push back from the citizenry that is

accepted of it; on the contrary in few cases such incidents have had

huge public support. This leads to an environment that breeds a police

force that commits such acts with impunity and victims who do not see a

conducive social environment to seek justice.

25. Till date, India has not ratified the Convention against Torture, 1987 or

implemented domestic laws in line with the convention.

26. That it is important that the public at large be made aware about their

rights and remedies and limitation of police powers under CrPC and

ai j dg e f hi H be C . I ha be di ec ed ha he

State Government carries out such awareness drives in collaboration

with the NGOs and also display such information on all public places

possible especially at Police Stations. Simultaneously, the police

officials must be given periodic training on human rights, dignity and

 19
constitutional guarantees to ensure the upholding of the rule of law. A

police official must realise that every act of detention, arrest is a

decision of such officer on the need to impinge on the constitutional

guarantee of a citizen and not to tread such rights lightly. There has

been a growing trend to arrest and detain for the most minor of

offences, transgressions even though the same is not warranted or

mandated by law. Such detentions are sometimes unwarranted and

infringe on personal liberty.

27. That a dangerous trend has started lately wherein the elected

representatives have made statements in public that tend to encourage,

patronize and endorse custodial violence/deaths and encounter killings.

Such public statements not only convey an unwanted message to the

police machinery but also undermines and defeats the guidelines issued

b hi H beC i e a d agai . The ef e he e be f e ec ed

executive shall be cautioned against making such statements.

IMPLEMENTATION OF THE DIRECTIONS GIVEN B HI HON BLE

COURT IN PRAKASH SINGH & ORS V. UNION OF INDIA & ORS.

(WP (C) NO. 310 OF 1996)

28. Tha hi H be C i Prakash Singh & Ors v. Union of India &

Ors. (WP (C) No. 310 of 1996) has given various directions to the

Central as well as the State Government pertaining to police reforms.

However, even after 14 years of the judgment the Central as well as the
 20
State Governments are yet to implement those reforms. One such

ef gge ed b hi H be C a he bif ca i f a a d

order wing of the police with the investigation wing.

29. That for the prevention of custodial violence/death and encounter

killings it is necessary that the law and order wing of the police and the

investigation wing of the police be bifurcated immediately. Once such

bifurcation happens then it is easier to focus the energy and resources

to develop a modern and scientific investigating agency which will not

require torture or extra judicial means.

30. There must also be a dedicated internal investigations / disciplinary

committee which mandatorily conducts an inquiry into every allegation

of custodial violence, torture, death, encounter killing, etc.

TRANSPARENCY IN POLICE ACTIONS, INTERROGATION AND

INVESTIGATION.
31. That in the case of custodial violence/death it is very difficult to find

witnesses or prove the case against the policemen. Therefore this

H be C i he i a Writ Petition [(2015) 8 SCC 744] had

directed state governments to consider installation of CCTV cameras in

the police station. Further the presence of CCTV cameras would deter

the policemen from committing custodial violence. However even after 5

year there has been very little progress in the installation of CCTV

cameras in the police stations across the country.

 21
32. That it is time that the Central as well as the State Governments be

asked to file a status report about the number of police stations covered

so far and also clarifying on affidavit a time schedule through which all

the police stations will be covered and ensure that all police stations

mandatorily have CCTV.

33. That the appropriate government can be further directed to ensure that

all police vehicles must have a dashboard camera and that police

officials conducting an arrest/ detention must be equipped with Body

Worn Camera (BWC) and such recordings must become a part of every

case file.

34. In the circumstances as aforesaid, it is submitted that having regard to

the experience regarding implementation of the directions earlier given
b hi H be C , i e ha c e f i a ce f ce ai f he
directions as set out in the succeeding paragraphs, in order to eradicate
custodial violence and custodial deaths and consequently this Court
may be pleased to issue the following directions (which are also
attempted to be in sync with the issues raised in para 12 above):-

(a) Direct the Union govt. to ratify the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment,

1987 and incorporate its provisions into domestic Indian law.

(b) Direct all states and union territories to establish a Human Rights

Commission and ensure that all vacancies are filled promptly.

 21

32. That it is time that the Central as well as the State Governments be

asked to file a status report about the number of police stations covered

so far and also clarifying on affidavit a time schedule through which all

the police stations will be covered and ensure that all police stations

mandatorily have CCTV.

33. That the appropriate government can be further directed to ensure that

all police vehicles must have a dashboard camera and that police

officials conducting an arrest/ detention must be equipped with Body

Worn Camera (BWC) and such recordings must become a part of every

case file.

34. In the circumstances as aforesaid, it is submitted that having regard to

the experience regarding implementation of the directions earlier given
by this Hon’ble Court, time has come for this Hon'ble Court to restore
the proceedings in W.P.(Crl.) No. 539 of 1986 and for issuance of
certain further directions as set out in the succeeding paragraphs, in
order to eradicate custodial violence and custodial deaths and
consequently this Court may be pleased to issue the following directions
(which are also attempted to be in sync with the issues raised in para 12
above):-

(a) Direct the Union govt. to ratify the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment,

1987 and incorporate its provisions into domestic Indian law.

 22

(b) Direct all states and union territories to establish a Human Rights

Commission and ensure that all vacancies are filled promptly.

(c) Direct the setting up of the Human Rights Courts as envisaged

under S.30 of the Human Rights Act.

(d) Direct that in every district the District & the Sessions Judge should

appoint a judicial magistrate especially earmarked for carrying on

time bound investigation in all the cases of custodial

deaths/encounter killings. It should also be made mandatory that

such Judicial Magistrate be aided by the District & Police

administration to the extent he/she requires and further that such

investigation be carried out without interference from the police

station in question.

(e) Direct that the aforesaid designated Judicial Magistrate identified in

prayer (d) above shall conduct a preliminary inquiry within a week

and then conduct the investigation, in cases of custodial

deaths/encounter killings within two months and the trial, if any,

shall be then completed within a year.

(f) Issue directions for creation, constitution of permanent committee

in each state headed either by the Chief Justice or a Judge of the

High Court nominated by the Chief Justice with one respectable

independent member of civil society and one senior government

IAS officer not below the rank of joint secretary, to oversee and

monitor the investigation.

 23

(g) Issue directions that the policemen named in the case be put under

suspension pending trial from the day Judicial Magistrate

completes his/her preliminary inquiry and files the report, unless

the preliminary report of the Judicial Magistrate completely

exonerates the police official concerned.

(h) Issue directions that once the preliminary inquiry is completed by

the Judicial Magistrate, unless exonerated by such report,

departmental proceedings be initiated and completed within a

period of 4 months. Where there is a fit case for prosecution, the

same be done in accordance with recommendations above.

(i) Issue directions that all cases of custodial death / torture, shall be

prosecuted by a special public prosecutor.

(j) The law laid down by this Hon’ble Court in Vineet Narain v.Union

of India (1998) 1 SCC 226 (paragraph 5.5) be modified and

applied to cases of custodial deaths/violence to the effect that if the

decision on the request to grant sanction for prosecution is not

taken within one month then the same shall be treated as deemed

sanction.
 24

(k) Issue directions disentitling any police official under departmental

action and / or prosecution for custodial death / torture encounter

killing from receiving any award or reward from the govt.

(l) Issue directions for the implementation of the directions given by

this Hon’ble Court in Prakash Singh & Ors v. Union of India &

Ors. (WP (C) No. 310 of 1996) to bifurcate law and order wing of

the police and the investigation wing of the police by creating a

Chinese-Wall between the two.

(m) Issue directions to ensure that all police stations and prisons shall

have CCTV recording and further issue directions to the state to

explore the possibility and feasibility of providing dashboard /

personnel cameras for police officials while making any arrest /

detention. And further seek a status report from the state

governments and union territories about the number of police

stations covered so far with respect to installation of CCTV

cameras.

(n) issue directions to the central and all state governments and the

NHRC, to report compliance of the DK Basu directions in letter and

spirit.
 25

PRAYER

In the circumstances, it is prayed that this Hon’ble Court be pleased to:

a) Direct restoration/revival of the proceedings in W.P.(Crl.) 539 of 1986;
b) Pass directions as prayed for at para 34(a) to 34(n) in the present
application;
c) Pass such other order or orders as this Hon’ble Court may deem fit and
proper in the interest of justice.

AND FOR THIS ACT OF KINDNESS, THE APPLICANTS AS IN DUTY

BOUND, SHALL EVER PRAY.

Drawn on : 12.07.2020
Filed on : __.07.2020
Place : New Delhi

Dr. Abhishek Manu Singhvi

AMICUS CURIAE

Settled By: Drawn by

Dr. A.M. Singhvi Amit Bhandari
Sr. Advocate Lzafeer Ahmad
AMICUS Curiae Abhishek Tripathi
Advocates

New Delhi

13.07.2020
Filed by:
Lzafeer Ahmad B F
(Advocate-on-Record for the
AMICUS Curiae)
 TABLE 13.1
Deaths in Police Custody/Lockup (of Persons Remanded To Police Custody by Court) During 2015
26
Number of
Cases Registered
S. Death or Judicial Judicial against Police Policemen
State/UT Autopsy Policemen
No. Disappearance Enquiry Enquiry Personnel in Charge-
Conducted Convicted
Reported Ordered Conducted Connection With Sheeted
Deaths
(1) (2) (3) (4) (5) (6) (7) (8) (9)
STATES:
1 Andhra Pradesh 3 1 1 2 0 0 0
2 Arunachal Pradesh 1 0 0 0 0 0 0
3 Assam 6 2 0 1 4 2 0
4 Bihar 1 0 0 0 0 0 0
5 Chhattisgarh 0 0 0 0 0 0 0
6 Goa 1 1 0 0 0 0 0
7 Gujarat 2 2 2 2 0 0 0
8 Haryana 1 0 1 1 0 0 0
9 Himachal Pradesh 1 0 1 1 0 0 0
10 Jammu & Kashmir 0 0 0 0 0 0 0
11 Jharkhand 0 0 0 0 0 0 0
12 Karnataka 0 0 0 0 0 0 0
13 Kerala 0 0 0 0 0 0 0
14 Madhya Pradesh 3 3 3 1 0 0 0
15 Maharashtra 5 5 0 0 0 0 0
16 Manipur 0 0 0 0 0 0 0
17 Meghalaya 1 1 1 1 0 0 0
18 Mizoram 0 0 0 0 0 0 0
19 Nagaland 0 0 0 0 0 0 0
20 Odisha 0 0 0 0 0 0 0
21 Punjab 0 0 0 0 0 0 0
22 Rajasthan 2 1 2 2 1 0 0
23 Sikkim 0 0 0 0 0 0 0
24 Tamil Nadu 0 0 0 0 0 0 0
25 Telangana 0 0 0 0 0 0 0
26 Tripura 0 0 0 0 0 0 0
27 Uttar Pradesh 1 1 0 0 1 2 0
28 Uttarakhand 0 0 0 0 0 0 0
29 West Bengal 2 1 1 1 3 0 0
TOTAL STATE(S) 30 18 12 12 9 4 0
UNION TERRITORIES:
30 A & N Islands 0 0 0 0 0 0 0
31 Chandigarh 0 0 0 0 0 0 0
32 D&N Haveli 0 0 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0 0 0
34 Delhi UT 0 0 0 0 0 0 0
35 Lakshadweep 0 0 0 0 0 0 0
36 Puducherry 0 0 0 0 0 0 0
TOTAL UT(S) 0 0 0 0 0 0 0
TOTAL ALL INDIA 30 18 12 12 9 4 0
TABLE 13.1 - Page: 1 of 1
 TABLE 13.2
Deaths In Police Custody / Lockup (of Persons Not Remanded To Police Custody by Court) During 2015
27
Number of
Cases Registered
S. Death or Magisterial Judicial against Police Policemen
State/UT Autopsy Policemen
No. Disappearance Enquiry Enquiry Personnel in Charge-
Conducted Convicted
Reported Ordered Conducted Connection With Sheeted
Deaths
(1) (2) (3) (4) (5) (6) (7) (8) (9)
STATES:
1 Andhra Pradesh 5 0 1 0 1 0 0
2 Arunachal Pradesh 0 0 1 0 0 0 0
3 Assam 1 2 1 1 1 1 0
4 Bihar 1 1 1 0 1 4 0
5 Chhattisgarh 4 3 2 2 0 0 0
6 Goa 0 0 0 0 0 0 0
7 Gujarat 7 7 1 5 2 0 0
8 Haryana 2 1 1 0 1 0 0
9 Himachal Pradesh 0 0 0 0 0 0 0
10 Jammu & Kashmir 0 0 0 0 0 0 0
11 Jharkhand 2 0 0 0 0 0 0
12 Karnataka 2 2 1 0 1 0 0
13 Kerala 0 0 0 0 0 0 0
14 Madhya Pradesh 4 4 3 2 0 0 0
15 Maharashtra 14 14 12 0 1 6 0
16 Manipur 0 0 0 0 0 0 0
17 Meghalaya 0 0 0 0 0 0 0
18 Mizoram 0 0 0 0 0 0 0
19 Nagaland 0 0 0 0 0 0 0
20 Odisha 3 3 1 3 3 10 0
21 Punjab 3 1 2 1 1 0 0
22 Rajasthan 1 0 0 0 1 0 0
23 Sikkim 0 0 0 0 0 0 0
24 Tamil Nadu 3 3 0 3 3 3 0
25 Telangana 4 2 2 0 0 0 0
26 Tripura 1 1 1 1 0 0 0
27 Uttar Pradesh 8 8 7 1 8 0 0
28 Uttarakhand 0 0 0 0 0 0 0
29 West Bengal 1 0 0 0 0 0 0
TOTAL STATE(S) 66 52 37 19 24 24 0
UNION TERRITORIES:
30 A & N Islands 0 0 0 0 0 0 0
31 Chandigarh 0 0 0 0 0 0 0
32 D&N Haveli 0 0 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0 0 0
34 Delhi UT 1 1 1 0 0 0 0
35 Lakshadweep 0 0 0 0 0 0 0
36 Puducherry 0 0 0 0 0 0 0
TOTAL UT(S) 1 1 1 0 0 0 0
TOTAL ALL INDIA 67 53 38 19 24 24 0
TABLE 13.2 - Page: 1 of 1
 TABLE 13.3
Reasons of Custodial Deaths During 2015
28
Injuries
Sustained
Injuries
during the While Escaping
S. sustained prior Mob Assault by
State/UT Police Custody Suicide from Police
No. to Police Attack/Riots Other Criminals
due to Physical Custody
Custody
Assault by
Police
(1) (2) (3) (4) (5) (6) (7) (8)
STATES:
1 Andhra Pradesh 0 1 0 0 1 0
2 Arunachal Pradesh 0 0 0 0 1 0
3 Assam 1 0 0 0 3 1
4 Bihar 0 1 0 0 0 0
5 Chhattisgarh 0 0 0 0 3 0
6 Goa 0 0 0 0 1 0
7 Gujarat 1 2 0 0 3 0
8 Haryana 0 1 0 0 0 1
9 Himachal Pradesh 0 0 0 0 0 0
10 Jammu & Kashmir 0 0 0 0 0 0
11 Jharkhand 0 0 0 0 1 0
12 Karnataka 1 0 0 0 1 0
13 Kerala 0 0 0 0 0 0
14 Madhya Pradesh 0 0 0 1 4 0
15 Maharashtra 1 0 0 1 6 0
16 Manipur 0 0 0 0 0 0
17 Meghalaya 0 0 0 0 1 0
18 Mizoram 0 0 0 0 0 0
19 Nagaland 0 0 0 0 0 0
20 Odisha 1 0 0 0 1 0
21 Punjab 1 0 0 0 1 0
22 Rajasthan 0 0 0 0 1 0
23 Sikkim 0 0 0 0 0 0
24 Tamil Nadu 0 1 0 0 0 1
25 Telangana 0 0 0 0 0 1
26 Tripura 0 0 0 0 0 0
27 Uttar Pradesh 0 0 1 1 5 1
28 Uttarakhand 0 0 0 0 0 0
29 West Bengal 0 0 0 0 0 0
TOTAL STATE(S) 6 6 1 3 33 5
UNION TERRITORIES:
30 A & N Islands 0 0 0 0 0 0
31 Chandigarh 0 0 0 0 0 0
32 D&N Haveli 0 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0 0
34 Delhi UT 0 0 0 0 1 0
35 Lakshadweep 0 0 0 0 0 0
36 Puducherry 0 0 0 0 0 0
TOTAL UT(S) 0 0 0 0 1 0
TOTAL (ALL INDIA) 6 6 1 3 34 5
TABLE 13.3 - Page: 1 of 2
 TABLE 13.3
Reasons of Custodial Deaths During 2015 (Concluded)
29
Road Accident/
S. Journey Total Deaths in
State/UT Illness Natural Deaths Hospitalization Others
No. Connected to Police Custody
Investigation
(1) (2) (9) (10) (11) (12) (13) (14)
STATES:
1 Andhra Pradesh 5 1 0 0 0 8
2 Arunachal Pradesh 0 0 0 0 0 1
3 Assam 1 0 0 1 0 7
4 Bihar 0 0 0 0 1 2
5 Chhattisgarh 0 0 0 0 1 4
6 Goa 0 0 0 0 0 1
7 Gujarat 1 2 0 0 0 9
8 Haryana 0 0 0 0 1 3
9 Himachal Pradesh 0 1 0 0 0 1
10 Jammu & Kashmir 0 0 0 0 0 0
11 Jharkhand 0 0 0 1 0 2
12 Karnataka 0 0 0 0 0 2
13 Kerala 0 0 0 0 0 0
14 Madhya Pradesh 0 0 0 1 1 7
15 Maharashtra 2 2 1 6 0 19
16 Manipur 0 0 0 0 0 0
17 Meghalaya 0 0 0 0 0 1
18 Mizoram 0 0 0 0 0 0
19 Nagaland 0 0 0 0 0 0
20 Odisha 0 0 0 0 1 3
21 Punjab 0 0 0 0 1 3
22 Rajasthan 0 1 0 1 0 3
23 Sikkim 0 0 0 0 0 0
24 Tamil Nadu 0 1 0 0 0 3
25 Telangana 1 0 0 2 0 4
26 Tripura 1 0 0 0 0 1
27 Uttar Pradesh 0 1 0 0 0 9
28 Uttarakhand 0 0 0 0 0 0
29 West Bengal 0 0 0 0 3 3
TOTAL STATE(S) 11 9 1 12 9 96
UNION TERRITORIES:
30 A & N Islands 0 0 0 0 0 0
31 Chandigarh 0 0 0 0 0 0
32 D&N Haveli 0 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0 0
34 Delhi UT 0 0 0 0 0 1
35 Lakshadweep 0 0 0 0 0 0
36 Puducherry 0 0 0 0 0 0
TOTAL UT(S) 0 0 0 0 0 1
TOTAL (ALL INDIA) 11 9 1 12 9 97
Col.14= Col.3+ Col.4+ Col.5+ Col.6+ Col.7+ Col.8+ Col.9+ Col.10+ Col.11+ Col.12+ Col.13 TABLE 13.3 - Page: 2 of 2
 TABLE 13.4
Escapes From Police Custody During 2015
30
No. of
No. of Cases Total No of Persons Persons
Persons Escapes from Other
S. Registered Persons Escaped Charged
State/UT Escaped From lockup Re- Escapees Re-
No. (U/S 224, Escaped In Outside The Sheeted For
Lockup Arrested Arrested
225B) Above Cases Lockup Offence of
Escape
(1) (2) (3) (4) (5) (6) (7) (8) (9)
STATES:
1 Andhra Pradesh 39 44 5 39 5 20 21
2 Arunachal Pradesh 10 14 10 4 2 4 7
3 Assam 26 26 3 23 2 7 11
4 Bihar 43 50 13 37 6 24 38
5 Chhattisgarh 37 42 8 34 5 15 25
6 Goa 10 11 1 10 1 6 7
7 Gujarat 30 36 9 27 7 17 46
8 Haryana 31 39 0 39 0 20 33
9 Himachal Pradesh 17 17 0 17 5 10 13
10 Jammu & Kashmir 24 33 19 14 16 7 15
11 Jharkhand 11 13 4 9 2 2 11
12 Karnataka 47 50 4 46 4 15 18
13 Kerala 56 67 1 66 4 57 44
14 Madhya Pradesh 105 118 6 112 14 77 93
15 Maharashtra 106 127 28 99 24 74 65
16 Manipur 0 0 0 0 0 0 0
17 Meghalaya 5 6 2 4 2 2 5
18 Mizoram 7 8 1 7 1 6 7
19 Nagaland 0 0 0 0 0 0 0
20 Odisha 50 54 4 50 0 25 33
21 Punjab 60 79 14 65 13 38 36
22 Rajasthan 65 81 12 69 5 55 65
23 Sikkim 0 0 0 0 0 0 0
24 Tamil Nadu 26 30 4 26 4 24 24
25 Telangana 32 39 5 34 5 19 16
26 Tripura 10 10 0 10 0 6 6
27 Uttar Pradesh 164 258 14 244 11 143 152
28 Uttarakhand 3 3 0 3 0 2 2
29 West Bengal 40 48 12 36 2 25 41
TOTAL STATE(S) 1054 1303 179 1124 140 700 834
UNION TERRITORIES:
30 A & N Islands 0 0 0 0 0 0 0
31 Chandigarh 8 10 4 6 2 8 9
32 D&N Haveli 0 0 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0 1 1
34 Delhi UT 25 25 1 24 1 18 15
35 Lakshadweep 0 0 0 0 0 0 0
36 Puducherry 0 0 0 0 0 0 0
TOTAL UT(S) 33 35 5 30 3 27 25
TOTAL (ALL INDIA) 1087 1338 184 1154 143 727 859
TABLE 13.4 - Page: 1 of 2
 TABLE 13.4 (Concluded)
Disposal By Courts
31 No. of Persons
Awarded
No. Pending For
No. Tried No. Convicted No. Acquitted Imprisonment on
S. Trial
State/UT Charges of Escape
No.
More
Cases No of Cases No of Cases No of Cases No of Upto 3
than 3
Involved Persons Involved Persons Involved Persons Involved Persons Years
Years
(1) (2) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19)
STATES:
1 Andhra Pradesh 5 4 4 3 1 1 14 17 8 1
2 Arunachal Pradesh 0 0 0 0 0 0 4 11 0 0
3 Assam 3 3 2 2 1 1 6 9 2 3
4 Bihar 0 0 0 0 0 0 30 31 0 0
5 Chhattisgarh 2 1 2 1 0 0 19 20 1 0
6 Goa 55 63 7 13 48 50 6 7 0 0
7 Gujarat 0 0 0 0 0 0 19 40 0 0
8 Haryana 2 5 1 2 1 3 25 42 2 0
9 Himachal Pradesh 4 4 3 3 1 1 49 60 3 0
10 Jammu & Kashmir 0 0 0 0 0 0 8 10 0 0
11 Jharkhand 2 762 2 81 0 681 12 9316 3 0
12 Karnataka 1 1 1 1 0 0 12 14 1 1
13 Kerala 6 6 6 6 0 0 36 30 6 0
14 Madhya Pradesh 1 1 1 1 0 0 72 83 2 5
15 Maharashtra 2 2 0 0 2 2 46 54 0 0
16 Manipur 0 0 0 0 0 0 0 0 0 0
17 Meghalaya 0 0 0 0 0 0 3 0 0 0
18 Mizoram 5 5 5 5 0 0 1 2 2 0
19 Nagaland 0 0 0 0 0 0 0 0 0 0
20 Odisha 0 0 0 0 0 0 16 18 0 3
21 Punjab 17 18 11 12 6 6 25 34 9 1
22 Rajasthan 5 5 5 5 0 0 43 55 4 3
23 Sikkim 0 0 0 0 0 0 0 0 0 0
24 Tamil Nadu 1 1 1 1 0 0 17 21 2 0
25 Telangana 0 0 0 0 0 0 11 9 0 0
26 Tripura 0 1 0 1 0 0 4 4 1 0
27 Uttar Pradesh 13 20 6 8 7 12 102 136 4 12
28 Uttarakhand 1 1 1 1 0 0 0 0 0 0
29 West Bengal 1 1 1 1 0 0 11 12 3 1
TOTAL STATE(S) 126 904 59 147 67 757 591 10035 53 30
UNION TERRITORIES:
30 A & N Islands 0 0 0 0 0 0 0 0 0 0
31 Chandigarh 8 8 4 4 4 4 14 18 0 0
32 D&N Haveli 0 0 0 0 0 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0 0 1 1 0 0
34 Delhi UT 1 2 1 2 0 0 12 12 1 0
35 Lakshadweep 0 0 0 0 0 0 0 0 0 0
36 Puducherry 0 0 0 0 0 0 0 0 0 0
TOTAL UT(S) 9 10 5 6 4 4 27 31 1 0
TOTAL (ALL INDIA) 135 914 64 153 71 761 618 10066 54 30
TABLE 13.4 - Page: 2 of 2
 32
2015 DATA
STATE & UTs DEATHS CASES POLICEMEN POLICEMEN
REGISTERED IN CHARGE CONVICTED
THESE DEATHS SHEETED
STATES:
1 Andhra Pradesh 8 1 0 0
2 Arunachal Pradesh 1 0 0 0
3 Assam 7 5 3 0
4 Bihar 2 1 4 0
5 Chhattisgarh 4 0 0 0
6 Goa 1 0 0 0
7 Gujarat 9 2 0 0
8 Haryana 3 1 0 0
9 Himachal Pradesh 1 0 0 0
10 Jammu & Kashmir 0 0 0 0
11 Jharkhand 2 0 0 0
12 Karnataka 2 1 0 0
13 Kerala 0 0 0 0
14 Madhya Pradesh 7 0 0 0
15 Maharashtra 19 1 6 0
16 Manipur 0 0 0 0
17 Meghalaya 1 0 0 0
18 Mizoram 0 0 0 0
19 Nagaland 0 0 0 0
20 Odisha 3 3 10 0
 33
21 Punjab 3 1 0 0
22 Rajasthan 3 2 0 0
23 Sikkim 0 0 0 0
24 Tamil Nadu 3 3 3 0
25 Telangana 4 0 0 0
26 Tripura 1 0 0 0
27 Uttar Pradesh 9 9 2 0
28 Uttarakhand 0 0 0 0
29 West Bengal 3 3 0 0
TOTAL STATE(S) 96 33 28 0
UNION TERRITORIES:
30 Andaman & Nicobar Islands 0 0 0 0
31 Chandigarh 0 0 0 0
32 Dadra & Nagar Haveli 0 0 0 0
33 Daman & Diu 0 0 0 0
34 Delhi UT 1 0 0 0
35 Lakshadweep 0 0 0 0
36 Puducherry 0 0 0 0
Total UT(S) 1 0 0 0
TOTAL ALL INDIA 97 33 28 0
 34

Chapter 16A
Custodial Crimes
&
Complaints Against

Police Personnel
 TABLE 16A.1
Deaths in Police Custody / Lockup (Persons Not on Remand) 2016
35
Cases Registered
Death or Magisterial Against Police
S. Policemen Policemen
State/UT Disappearance Enquiry Personnel In
No. Chargesheeted Convicted
Reported Ordered Connection With
Deaths
1 2 3 4 5 6 7
STATES:
1 Andhra Pradesh 0 0 0 0 0
2 Arunachal Pradesh 0 0 0 0 0
3 Assam 0 0 0 0 0
4 Bihar 1 2 0 0 0
5 Chhattisgarh 3 0 1 4 0
6 Goa 1 1 0 0 0
7 Gujarat 9 2 1 0 0
8 Haryana 1 1 0 0 0
9 Himachal Pradesh 0 0 0 0 0
10 Jammu & Kashmir 0 0 0 0 0
11 Jharkhand 1 1 0 0 0
12 Karnataka 1 0 0 0 0
13 Kerala 2 2 0 0 0
14 Madhya Pradesh 5 3 0 0 0
15 Maharashtra 12 12 3 0 0
16 Manipur 0 0 0 0 0
17 Meghalaya 0 0 0 0 0
18 Mizoram 2 1 0 0 0
19 Nagaland 1 1 1 0 0
20 Odisha 0 0 0 0 0
21 Punjab 4 3 1 2 0
22 Rajasthan 2 1 0 4 0
23 Sikkim 0 0 0 0 0
24 Tamil Nadu 3 3 3 0 0
25 Telangana 0 0 0 0 0
26 Tripura 0 0 0 0 0
27 Uttar Pradesh 9 6 8 0 0
28 Uttarakhand 0 0 0 0 0
29 West Bengal 2 1 0 0 0
TOTAL STATE(S) 59 40 18 10 0
UNION TERRITORIES:
30 A & N Islands 0 0 0 0 0
31 Chandigarh 0 0 0 0 0
32 D&N Haveli 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0
34 Delhi UT 1 1 1 0 0
35 Lakshadweep 0 0 0 0 0
36 Puducherry 0 0 0 0 0
TOTAL UT(S) 1 1 1 0 0
TOTAL (ALL INDIA) 60 41 19 10 0
Note: Persons Not on Remand includes Persons Arrested and yet to be TABLE 16A.1 Page: 1 of 1
produced before court
 TABLE 16A.2
Deaths in Police Custody/Lockup (Persons in Remand) 2016
36
Number of Total Deaths
Reported
Cases Regd. (Persons in
Death or
S. Judicial Against Police Policemen Remand +
State/UT Disappea Policemen
No. Enquiry Personnel In Charge Persons Not in
rance Convicted Remand) (Col.3 +
Ordered Connection sheeted
Reported Col.3 of Table
With Deaths
16A.1)
1 2 3 4 5 6 7 8
STATES:
1 Andhra Pradesh 6 6 0 0 0 6
2 Arunachal Pradesh 0 0 0 0 0 0
3 Assam 2 2 0 0 0 2
4 Bihar 1 0 0 0 0 2
5 Chhattisgarh 1 0 0 0 0 4
6 Goa 0 0 0 0 0 1
7 Gujarat 2 2 0 0 0 11
8 Haryana 2 2 1 4 0 3
9 Himachal Pradesh 1 0 0 0 0 1
10 Jammu & Kashmir 0 0 0 0 0 0
11 Jharkhand 1 1 0 0 0 2
12 Karnataka 0 0 0 0 0 1
13 Kerala 0 0 0 0 0 2
14 Madhya Pradesh 6 6 1 10 0 11
15 Maharashtra 4 4 0 0 0 16
16 Manipur 0 0 0 0 0 0
17 Meghalaya 0 0 0 0 0 0
18 Mizoram 1 0 0 0 0 3
19 Nagaland 1 1 1 0 0 2
20 Odisha 0 0 0 0 0 0
21 Punjab 0 0 0 0 0 4
22 Rajasthan 1 1 1 0 0 3
23 Sikkim 0 0 0 0 0 0
24 Tamil Nadu 2 2 2 0 0 5
25 Telangana 0 0 0 0 0 0
26 Tripura 0 0 0 0 0 0
27 Uttar Pradesh 0 0 0 0 0 9
28 Uttarakhand 0 0 0 0 0 0
29 West Bengal 1 1 0 0 0 3
TOTAL STATE(S) 32 28 6 14 0 91
UNION TERRITORIES:
30 A & N Islands 0 0 0 0 0 0
31 Chandigarh 0 0 0 0 0 0
32 D&N Haveli 0 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0 0
34 Delhi UT 0 0 0 0 0 1
35 Lakshadweep 0 0 0 0 0 0
36 Puducherry 0 0 0 0 0 0
TOTAL UT(S) 0 0 0 0 0 1
TOTAL (ALL INDIA) 32 28 6 14 0 92
Note: Persons in remand includes Persons in Police/Judicial TABLE 16A.2 Page: 1 of 1
 TABLE 16A.3
Reasons of Custodial Deaths 2016
37
Illness Injuries sustained
While
during the Police
S. Natural Escaping
State/UT Suicide Outside Inside Custody due to
No. Deaths from Police
Hospital Hospital Physical Assault by
Police Custody
1 2 3 4 5 6 7 8
STATES:
1 Andhra Pradesh 0 1 1 4 0 0
2 Arunachal Pradesh 0 0 0 0 0 0
3 Assam 1 0 0 0 0 0
4 Bihar 0 1 0 0 0 0
5 Chhattisgarh 2 0 1 0 0 1
6 Goa 0 0 0 0 1 0
7 Gujarat 5 1 0 0 3 0
8 Haryana 0 1 0 1 0 0
9 Himachal Pradesh 1 0 0 0 0 0
10 Jammu & Kashmir 0 0 0 0 0 0
11 Jharkhand 0 1 0 0 1 0
12 Karnataka 1 0 0 0 0 0
13 Kerala 1 1 0 0 0 0
14 Madhya Pradesh 7 2 2 0 0 0
15 Maharashtra 8 2 3 1 1 1
16 Manipur 0 0 0 0 0 0
17 Meghalaya 0 0 0 0 0 0
18 Mizoram 3 0 0 0 0 0
19 Nagaland 1 0 0 0 0 1
20 Odisha 0 0 0 0 0 0
21 Punjab 2 1 1 0 0 0
22 Rajasthan 1 0 2 0 0 0
23 Sikkim 0 0 0 0 0 0
24 Tamil Nadu 2 3 0 0 0 0
25 Telangana 0 0 0 0 0 0
26 Tripura 0 0 0 0 0 0
27 Uttar Pradesh 2 0 2 2 1 1
28 Uttarakhand 0 0 0 0 0 0
29 West Bengal 0 1 1 0 0 0
TOTAL STATE(S) 37 15 13 8 7 4
UNION TERRITORIES:
30 A & N Islands 0 0 0 0 0 0
31 Chandigarh 0 0 0 0 0 0
32 D&N Haveli 0 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0 0
34 Delhi UT 1 0 0 0 0 0
35 Lakshadweep 0 0 0 0 0 0
36 Puducherry 0 0 0 0 0 0
TOTAL UT(S) 1 0 0 0 0 0
TOTAL (ALL INDIA) 38 15 13 8 7 4
TABLE 16A.3 Page: 1 of 2
 TABLE 16A.3
Reasons of Custodial Deaths 2016 (Concluded)
38
Road
Injuries
Assault by Mob Accident/ Total Deaths
sustained prior
S. Other Attack/ Journey Others in Police
State/UT to police
No. Criminals Riots connected to Custody
Custody Investigation
9 10 11 12 13 14
STATES:
1 Andhra Pradesh 0 0 0 0 0 6
2 Arunachal Pradesh 0 0 0 0 0 0
3 Assam 1 0 0 0 0 2
4 Bihar 0 1 0 0 0 2
5 Chhattisgarh 0 0 0 0 0 4
6 Goa 0 0 0 0 0 1
7 Gujarat 0 0 1 0 1 11
8 Haryana 0 0 0 0 1 3
9 Himachal Pradesh 0 0 0 0 0 1
10 Jammu & Kashmir 0 0 0 0 0 0
11 Jharkhand 0 0 0 0 0 2
12 Karnataka 0 0 0 0 0 1
13 Kerala 0 0 0 0 0 2
14 Madhya Pradesh 0 0 0 0 0 11
15 Maharashtra 0 0 0 0 0 16
16 Manipur 0 0 0 0 0 0
17 Meghalaya 0 0 0 0 0 0
18 Mizoram 0 0 0 0 0 3
19 Nagaland 0 0 0 0 0 2
20 Odisha 0 0 0 0 0 0
21 Punjab 0 0 0 0 0 4
22 Rajasthan 0 0 0 0 0 3
23 Sikkim 0 0 0 0 0 0
24 Tamil Nadu 0 0 0 0 0 5
25 Telangana 0 0 0 0 0 0
26 Tripura 0 0 0 0 0 0
27 Uttar Pradesh 1 0 0 0 0 9
28 Uttarakhand 0 0 0 0 0 0
29 West Bengal 0 0 0 1 0 3
TOTAL STATE(S) 2 1 1 1 2 91
UNION TERRITORIES:
30 A & N Islands 0 0 0 0 0 0
31 Chandigarh 0 0 0 0 0 0
32 D&N Haveli 0 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0 0
34 Delhi UT 0 0 0 0 0 1
35 Lakshadweep 0 0 0 0 0 0
36 Puducherry 0 0 0 0 0 0
TOTAL UT(S) 0 0 0 0 0 1
TOTAL (ALL INDIA) 2 1 1 1 2 92
TABLE 16A.3 Page: 2 of 2
 TABLE 16A.4
Escapes From Police Custody - 2016
39
Escapees Re- No. of
Total No of arrested who
No. of Cases Persons Persons Persons
Persons Escaped
S. Registered Escaped Escaped Charged
State/UT Escaped
No. (U/S 224, From Outside The Other Sheeted For
From Police From
225 B) Lockup Lockup than Offence of
Custody Lockup
Lockup Escape
1 2 3 4 5 6 7 8 9
STATES:
1 Andhra Pradesh 33 34 4 30 2 20 19
2 Arunachal Pradesh 8 18 14 4 13 4 9
3 Assam 39 42 8 34 8 14 10
4 Bihar 49 51 9 42 19 12 38
5 Chhattisgarh 27 28 1 27 1 18 16
6 Goa 3 3 0 3 0 2 3
7 Gujarat 39 48 15 33 15 27 52
8 Haryana 42 56 15 41 14 29 65
9 Himachal Pradesh 10 10 0 10 0 10 8
10 Jammu & Kashmir 18 23 13 10 9 7 11
11 Jharkhand 9 12 3 9 3 1 10
12 Karnataka 26 33 3 30 3 22 20
13 Kerala 51 58 7 51 5 46 65
14 Madhya Pradesh 111 133 26 107 14 81 93
15 Maharashtra 98 118 21 97 21 73 76
16 Manipur 0 0 0 0 0 0 0
17 Meghalaya 5 5 1 4 1 0 1
18 Mizoram 7 7 1 6 1 2 5
19 Nagaland 0 0 0 0 0 0 0
20 Odisha 50 51 8 43 1 27 27
21 Punjab 56 64 9 55 3 29 56
22 Rajasthan 70 81 3 78 2 60 62
23 Sikkim 4 4 0 4 0 2 2
24 Tamil Nadu 24 24 2 22 1 17 12
25 Telangana 28 28 0 28 0 21 21
26 Tripura 4 7 3 4 0 3 4
27 Uttar Pradesh 282 327 34 293 27 235 260
28 Uttarakhand 4 5 0 5 0 0 0
29 West Bengal 21 25 10 15 5 11 14
TOTAL STATE(S) 1118 1295 210 1085 168 773 959
UNION TERRITORIES:
30 A & N Islands 0 0 0 0 0 0 0
31 Chandigarh 5 5 0 5 0 5 5
32 D&N Haveli 0 0 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0 0 0
34 Delhi UT 20 20 0 20 0 12 5
35 Lakshadweep 0 0 0 0 0 0 0
36 Puducherry 0 0 0 0 0 0 0
TOTAL UT(S) 25 25 0 25 0 17 10
TOTAL (ALL INDIA) 1143 1320 210 1110 168 790 969
TABLE 16A.4 - PAGE 1 OF 2
 TABLE 16A.4
Escapes From Police Custody - 2016 (Concluded)
40
Disposal By Courts

Trials Completed Convicted Acquitted No. Pending For Trial

S.
State/UT
No. Cases No of Cases No of Cases No of Cases No of
Involved Persons Involved Persons Involved Persons Involved Persons

10 11 12 13 14 15 16 17
STATES:
1 Andhra Pradesh 37 6 4 4 33 2 12 12
2 Arunachal Pradesh 0 0 0 0 0 0 2 6
3 Assam 3 3 3 3 0 0 4 4
4 Bihar 0 0 0 0 0 0 30 39
5 Chhattisgarh 0 0 0 0 0 0 14 13
6 Goa 1 1 1 1 0 0 3 4
7 Gujarat 0 1 0 0 0 1 25 39
8 Haryana 3 7 0 0 3 7 27 62
9 Himachal Pradesh 9 10 4 4 5 6 46 51
10 Jammu & Kashmir 1 1 1 1 0 0 12 16
11 Jharkhand 1 1 1 1 0 0 8 9
12 Karnataka 9 9 8 8 1 1 8 11
13 Kerala 2 2 2 2 0 0 31 40
14 Madhya Pradesh 0 0 0 0 0 0 65 79
15 Maharashtra 1 1 0 0 1 1 68 75
16 Manipur 0 0 0 0 0 0 0 0
17 Meghalaya 0 0 0 0 0 0 1 1
18 Mizoram 5 5 4 4 1 1 1 1
19 Nagaland 0 0 0 0 0 0 0 0
20 Odisha 0 0 0 0 0 0 4 4
21 Punjab 21 37 9 13 12 24 29 46
22 Rajasthan 1 1 0 0 1 1 42 55
23 Sikkim 0 0 0 0 0 0 2 2
24 Tamil Nadu 3 3 3 3 0 0 8 8
25 Telangana 2 2 2 2 0 0 17 17
26 Tripura 215 415 57 83 158 332 2087 4522
27 Uttar Pradesh 13 13 13 13 0 0 207 239
28 Uttarakhand 0 0 0 0 0 0 0 0
29 West Bengal 1 1 1 1 0 0 3 3
TOTAL STATE(S) 328 519 113 143 215 376 2756 5358
UNION TERRITORIES:
30 A & N Islands 0 0 0 0 0 0 0 0
31 Chandigarh 8 8 7 7 1 1 9 20
32 D&N Haveli 0 0 0 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0 0 0 0
34 Delhi UT 1 1 1 1 0 0 3 3
35 Lakshadweep 0 0 0 0 0 0 0 0
36 Puducherry 0 0 0 0 0 0 0 0
TOTAL UT(S) 9 9 8 8 1 1 12 23
TOTAL (ALL INDIA) 337 528 121 151 216 377 2768 5381
TABLE 16A.4 - PAGE 2 OF 2
 TABLE 16A.5
Total Cases Registered Against Police Personnel - 2016
Police
41
Total
Personnel
Number of Police
Police whose
Criminal Police Cases Personnel Police Police
S. Personnel Cases were
State/UT Cases Personnel Charge- whose Personnel Personnel
No. Charge- with-
Registered Arrested sheeted Trials were Convicted Acquitted
sheeted drawn/
During the Completed
Disposed
Year
Off
1 2 3 4 5 6 7 8 9 10
STATES:
1 Andhra Pradesh 100 36 28 29 5 8 0 8
2 Arunachal Pradesh 24 10 13 13 0 6 5 1
3 Assam 37 18 8 8 1 0 0 0
4 Bihar 43 0 40 40 0 0 0 0
5 Chhattisgarh 65 26 32 38 1 1 0 1
6 Goa 20 11 8 8 0 1 0 1
7 Gujarat 130 131 91 105 2 3 0 3
8 Haryana 488 41 18 26 11 0 0 0
9 Himachal Pradesh 11 7 5 5 0 0 0 0
10 Jammu & Kashmir 29 22 15 17 1 0 0 0
11 Jharkhand 3 2 2 2 0 0 0 0
12 Karnataka 63 23 16 16 8 1 0 1
13 Kerala 171 50 49 42 16 0 0 0
14 Madhya Pradesh 66 44 61 65 4 1 1 0
15 Maharashtra 487 388 196 209 37 24 20 4
16 Manipur 0 19 0 0 0 0 0 0
17 Meghalaya 265 2 110 0 0 0 0 0
18 Mizoram 0 0 0 0 0 0 0 0
19 Nagaland 12 11 4 5 0 0 0 0
20 Odisha 64 35 28 25 0 0 0 0
21 Punjab 88 70 16 22 7 10 1 9
22 Rajasthan 158 30 33 31 1 1 0 1
23 Sikkim 0 0 0 0 0 0 0 0
24 Tamil Nadu 114 57 41 42 4 2 1 1
25 Telangana 57 33 29 29 1 0 0 0
26 Tripura 10 7 6 6 0 0 0 0
27 Uttar Pradesh 315 187 108 182 0 2 0 2
28 Uttarakhand 7 7 4 7 0 0 0 0
29 West Bengal 9 3 18 18 1 1 0 1
TOTAL STATE(S) 2836 1270 979 990 100 61 28 33
UNION TERRITORIES:
30 A & N Islands 0 0 0 0 0 0 0 0
31 Chandigarh 13 14 14 16 0 12 3 9
32 D&N Haveli 0 0 0 0 0 0 0 0
33 Daman & Diu 1 5 0 0 0 0 0 0
34 Delhi UT 136 42 2 2 0 0 0 0
35 Lakshadweep 0 0 0 0 0 0 0 0
36 Puducherry 96 0 96 96 0 0 0 0
TOTAL UT(S) 246 61 112 114 0 12 3 9
TOTAL (ALL INDIA) 3082 1331 1091 1104 100 73 31 42
TABLE 16A.5- Page 1 of 1
 TABLE 16A.6
Cases Registered against Police Personnel for Human Rights Violation 2016
42
No. of Police
No. of Cases No. of Police
Sl. No. of Cases Personnel
Incidence of Found to be Personnel
No. Registered Charge
False Convicted
sheeted

1 2 3 4 5 6

1 Fake Encounter Killings 13 6 4 0

2 Illegal Detentions or Arrests 16 2 1 0

3 Torture 1 0 0 0

4 Hurt/Injury 52 22 22 0

5 Extortion 50 18 7 0

6 Failure in Taking Action 2 0 0 0

7 Others Human Rights Violations 75 25 16 0

Total Human Rights Violation by Police 209 73 50 0

TABLE 16A.6 Page: 1 of 1

 43
2016 DATA
STATE & UTs DEATHS CASES POLICEMEN POLICEMEN
REGISTERED IN CHARGE CONVICTED
THESE DEATHS SHEETED
STATES:
1 Andhra Pradesh 6 0 0 0
2 Arunachal Pradesh 0 0 0 0
3 Assam 2 0 0 0
4 Bihar 2 0 0 0
5 Chhattisgarh 4 1 4 0
6 Goa 1 0 0 0
7 Gujarat 11 1 0 0
8 Haryana 3 1 4 0
9 Himachal Pradesh 1 0 0 0
10 Jammu & Kashmir 0 0 0 0
11 Jharkhand 2 0 0 0
12 Karnataka 1 0 0 0
13 Kerala 2 0 0 0
14 Madhya Pradesh 11 1 10 0
15 Maharashtra 16 3 0 0
16 Manipur 0 0 0 0
17 Meghalaya 0 0 0 0
18 Mizoram 3 0 0 0
19 Nagaland 2 2 0 0
 44
20 Odisha 0 0 0 0
21 Punjab 4 1 2 0
22 Rajasthan 3 1 4 0
23 Sikkim 0 0 0 0
24 Tamil Nadu 5 5 0 0
25 Telangana 0 0 0 0
26 Tripura 0 0 0 0
27 Uttar Pradesh 9 8 0 0
28 Uttarakhand 0 0 0 0
29 West Bengal 3 0 0 0
TOTAL STATE(S) 91 24 24 0
UNION TERRITORIES:
30 Andaman & Nicobar Islands 0 0 0 0
31 Chandigarh 0 0 0 0
32 Dadra & Nagar Haveli 0 0 0 0
33 Daman & Diu 0 0 0 0
34 Delhi UT 1 1 0 0
35 Lakshadweep 0 0 0 0
36 Puducherry 0 0 0 0
Total UT(S) 1 1 0 0
TOTAL ALL INDIA 92 25 24 0
 45

Chapter 16A
Custodial Crimes
&Complaints
Against
Police
Personnel
 TABLE 16A.1
Deaths in Police Custody / Lockup (Persons Not on Remand) - 2017
46
Cases Policemen
Mag. Judicial
Deaths Acquit- Acqui-
S. Enqui- Enqui-
State/UT Repo- Regis- Charge- Convi- ted/ Arres- Charge- Convi- tted/
No. ries ries
rted tered sheeted cted Dischar ted sheeted cted Discha-
Ordered Ordered
ged rged
1 2 3 4 5 6 7 8 9 10 11 12 13
STATES:
1 Andhra Pradesh 20 1 0 20 1 0 0 0 0 0 0
2 Arunachal Pradesh 0 0 0 0 0 0 0 0 0 0 0
3 Assam 0 0 0 0 0 0 0 0 0 0 0
4 Bihar 0 0 0 0 0 0 0 0 0 0 0
5 Chhattisgarh 1 0 0 0 0 0 0 0 0 0 0
6 Goa 0 0 0 0 0 0 0 0 0 0 0
7 Gujarat 10 4 4 2 1 0 0 7 5 0 0
8 Haryana 2 0 0 1 0 0 0 0 0 0 0
9 Himachal Pradesh 0 0 0 0 0 0 0 0 0 0 0
10 Jammu & Kashmir 0 0 0 0 0 0 0 0 0 0 0
11 Jharkhand 0 0 0 0 0 0 0 0 0 0 0
12 Karnataka 0 0 0 0 0 0 0 0 0 0 0
13 Kerala 0 0 0 0 0 0 0 0 0 0 0
14 Madhya Pradesh 1 1 0 0 0 0 0 0 0 0 0
15 Maharashtra 5 0 1 0 0 0 0 0 0 0 0
16 Manipur 3 0 0 0 0 0 0 0 0 0 0
17 Meghalaya 0 0 0 0 0 0 0 0 0 0 0
18 Mizoram 0 0 0 0 0 0 0 0 0 0 0
19 Nagaland 0 0 0 0 0 0 0 0 0 0 0
20 Odisha 2 2 1 2 2 0 0 0 0 0 0
21 Punjab 1 1 0 1 0 0 0 0 0 0 0
22 Rajasthan 0 0 0 0 0 0 0 0 0 0 0
23 Sikkim 0 0 0 0 0 0 0 0 0 0 0
24 Tamil Nadu 8 7 1 8 0 0 0 0 0 0 0
25 Telangana 3 1 0 3 0 0 0 0 0 0 0
26 Tripura 0 0 0 0 0 0 0 0 0 0 0
27 Uttar Pradesh 0 0 0 0 0 0 0 0 0 0 0
28 Uttarakhand 0 0 0 0 0 0 0 0 0 0 0
29 West Bengal 2 1 1 2 0 0 0 0 0 0 0
TOTAL STATE(S) 58 18 8 39 4 0 0 7 5 0 0
UNION TERRITORIES:
30 A & N Islands 0 0 0 0 0 0 0 0 0 0 0
31 Chandigarh 0 0 0 0 0 0 0 0 0 0 0
32 D&N Haveli 0 0 0 0 0 0 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0 0 0 0 0 0 0
34 Delhi UT 0 0 0 0 0 0 0 0 0 0 0
35 Lakshadweep 0 0 0 0 0 0 0 0 0 0 0
36 Puducherry 0 0 0 0 0 0 0 0 0 0 0
TOTAL UT(S) 0 0 0 0 0 0 0 0 0 0 0
TOTAL (ALL INDIA) 58 18 8 39 4 0 0 7 5 0 0
Note: Persons Not on Remand includes Persons Arrested TABLE 16A.1 Page 1 of 1
and yet to be produced before court
 TABLE 16A.2
Deaths in Police Custody/Lockup (Persons in Remand) - 2017
47
Cases Policemen Total
Judi-
Mag. Deaths
cial
Deaths Enqui- Acqui- (Col.3 +
S. Enqui- Acquit-
State/UT Repo- ries Regist Charge- Convi- Arres- Charge- Convi- tted/ Col.3
No. ries ted/Dis-
rted Orde- ered sheeted cted ted sheeted cted Discha- of
Order charged
red rged Table
ed
16A.1)
1 2 3 4 5 6 7 8 9 10 11 12 13 14
STATES:
1 Andhra Pradesh 7 5 0 7 0 0 0 0 0 0 0 27
2 Arunachal Pradesh 0 0 0 0 0 0 0 0 0 0 0 0
3 Assam 0 0 0 0 0 0 0 0 0 0 0 0
4 Bihar 0 0 0 0 0 0 0 0 0 0 0 0
5 Chhattisgarh 2 2 1 2 1 0 1 4 4 0 4 3
6 Goa 0 0 0 0 0 0 0 0 0 0 0 0
7 Gujarat 0 0 0 0 0 0 0 0 0 0 0 10
8 Haryana 0 0 0 0 0 0 0 0 0 0 0 2
9 Himachal Pradesh 1 0 0 1 0 0 0 9 9 0 0 1
10 Jammu & Kashmir 0 0 0 0 0 0 0 0 0 0 0 0
11 Jharkhand 0 0 0 0 0 0 0 0 0 0 0 0
12 Karnataka 0 0 0 0 0 0 0 0 0 0 0 0
13 Kerala 0 0 0 0 0 0 0 0 0 0 0 0
14 Madhya Pradesh 4 3 0 0 0 0 0 0 0 0 0 5
15 Maharashtra 10 1 2 2 1 0 0 7 5 0 0 15
16 Manipur 1 0 0 0 0 0 0 0 0 0 0 4
17 Meghalaya 0 0 0 0 0 0 0 0 0 0 0 0
18 Mizoram 2 0 0 0 0 0 0 0 0 0 0 2
19 Nagaland 1 0 0 0 0 0 0 0 0 0 0 1
20 Odisha 0 0 0 0 0 0 0 0 0 0 0 2
21 Punjab 3 1 2 1 0 0 0 2 0 0 0 4
22 Rajasthan 3 3 0 2 0 0 0 0 3 0 0 3
23 Sikkim 0 0 0 0 0 0 0 0 0 0 0 0
24 Tamil Nadu 0 0 0 0 0 0 0 0 0 0 0 8
25 Telangana 2 1 0 2 0 0 0 0 0 0 0 5
26 Tripura 0 0 0 0 0 0 0 0 0 0 0 0
27 Uttar Pradesh 4 4 0 4 1 0 0 1 1 0 0 4
28 Uttarakhand 1 0 0 1 0 0 0 3 0 0 0 1
29 West Bengal 1 0 0 1 0 0 0 0 0 0 0 3
TOTAL STATE(S) 42 20 5 23 3 0 1 26 22 0 4 100
UNION TERRITORIES:
30 A & N Islands 0 0 0 0 0 0 0 0 0 0 0 0
31 Chandigarh 0 0 0 0 0 0 0 0 0 0 0 0
32 D&N Haveli 0 0 0 0 0 0 0 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0 0 0 0 0 0 0 0
34 Delhi UT 0 0 0 0 0 0 0 0 0 0 0 0
35 Lakshadweep 0 0 0 0 0 0 0 0 0 0 0 0
36 Puducherry 0 0 0 0 0 0 0 0 0 0 0 0
TOTAL UT(S) 0 0 0 0 0 0 0 0 0 0 0 0
TOTAL (ALL INDIA) 42 20 5 23 3 0 1 26 22 0 4 100
TABLE 16A.2 Page 1 of 1
 TABLE 16A.3
Reasons of Custodial Deaths - 2017
48
Injuries
Death due sustained Road
Injuries
to illness/ during the While Accidents/
sustained
S. Death in police Escaping Journey
State/UT Suicide prior to Others Total
No. Hospitals custody due from Connected
police
during to physical Custody with
custody
treatment assault by Investigation
police
1 2 3 4 5 6 7 8 9 10
STATES:
1 Andhra Pradesh 4 8 0 0 0 0 15 27
2 Arunachal Pradesh 0 0 0 0 0 0 0 0
3 Assam 0 0 0 0 0 0 0 0
4 Bihar 0 0 0 0 0 0 0 0
5 Chhattisgarh 1 0 0 1 0 0 1 3
6 Goa 0 0 0 0 0 0 0 0
7 Gujarat 4 2 0 2 0 0 2 10
8 Haryana 1 1 0 0 0 0 0 2
9 Himachal Pradesh 0 0 1 0 0 0 0 1
10 Jammu & Kashmir 0 0 0 0 0 0 0 0
11 Jharkhand 0 0 0 0 0 0 0 0
12 Karnataka 0 0 0 0 0 0 0 0
13 Kerala 0 0 0 0 0 0 0 0
14 Madhya Pradesh 3 0 0 0 1 1 0 5
15 Maharashtra 7 3 0 1 0 2 2 15
16 Manipur 1 3 0 0 0 0 0 4
17 Meghalaya 0 0 0 0 0 0 0 0
18 Mizoram 2 0 0 0 0 0 0 2
19 Nagaland 1 0 0 0 0 0 0 1
20 Odisha 0 1 0 1 0 0 0 2
21 Punjab 4 0 0 0 0 0 0 4
22 Rajasthan 1 1 0 0 0 1 0 3
23 Sikkim 0 0 0 0 0 0 0 0
24 Tamil Nadu 1 7 0 0 0 0 0 8
25 Telangana 2 2 0 0 1 0 0 5
26 Tripura 0 0 0 0 0 0 0 0
27 Uttar Pradesh 2 0 0 0 1 0 1 4
28 Uttarakhand 1 0 0 0 0 0 0 1
29 West Bengal 2 0 0 0 0 0 1 3
TOTAL STATE(S) 37 28 1 5 3 4 22 100
UNION TERRITORIES:
30 A & N Islands 0 0 0 0 0 0 0 0
31 Chandigarh 0 0 0 0 0 0 0 0
32 D&N Haveli 0 0 0 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0 0 0 0
34 Delhi UT 0 0 0 0 0 0 0 0
35 Lakshadweep 0 0 0 0 0 0 0 0
36 Puducherry 0 0 0 0 0 0 0 0
TOTAL UT(S) 0 0 0 0 0 0 0 0
TOTAL (ALL INDIA) 37 28 1 5 3 4 22 100
TABLE 16A.3 Page 1 of 1
 TABLE 16A.4
Escapes From Police Custody - 2017
49
Persons Escaped Escapees Cases Action taken for Negligence
against
S. Cases Police Police
State/UT Police Police
No. Reported From Outside Re- Abscon- for Personnel
Total Personnel Personnel
lockup Lockup Arrested ding Negli- Charge-
Arrested Sheeted Convicted
gence
1 2 3 4 5 6 7 8 9 10 11 12
STATES:
1 Andhra Pradesh 36 3 35 38 33 4 0 0 0 1
2 Arunachal Pradesh 3 9 1 10 10 0 0 0 0 0
3 Assam 13 5 9 14 11 3 0 0 0 0
4 Bihar 62 15 50 65 43 16 0 0 4 0
5 Chhattisgarh 27 6 24 30 25 8 8 0 0 0
6 Goa 4 0 4 4 2 1 0 0 0 0
7 Gujarat 41 7 42 49 39 11 14 23 20 0
8 Haryana 25 6 22 28 22 1 4 3 3 0
9 Himachal Pradesh 9 1 11 12 10 1 2 3 5 2
10 Jammu & Kashmir 11 3 8 11 8 2 3 1 1 0
11 Jharkhand 9 0 6 6 8 1 3 0 0 0
12 Karnataka 47 10 40 50 31 9 0 1 0 0
13 Kerala 35 5 29 34 30 4 0 0 0 0
14 Madhya Pradesh 319 15 89 104 74 13 0 1 6 5
15 Maharashtra 115 18 115 133 103 19 5 1 1 0
16 Manipur 0 1 0 1 1 0 0 0 0 0
17 Meghalaya 5 0 5 5 3 2 0 0 0 0
18 Mizoram 36 1 5 6 6 0 0 0 0 0
19 Nagaland 1 0 1 1 1 0 1 1 0 0
20 Odisha 43 4 45 49 37 4 0 0 0 0
21 Punjab 64 8 62 70 68 81 30 31 4 0
22 Rajasthan 71 5 69 74 82 11 0 0 16 8
23 Sikkim 0 0 0 0 0 0 0 0 0 0
24 Tamil Nadu 21 3 20 23 22 1 0 0 0 0
25 Telangana 24 6 18 24 19 0 2 0 8 0
26 Tripura 1 1 1 2 1 1 1 0 0 0
27 Uttar Pradesh 78 19 81 100 72 43 48 91 71 37
28 Uttarakhand 10 3 7 10 4 1 5 0 5 0
29 West Bengal 24 4 20 24 15 4 0 0 0 0
TOTAL STATE(S) 1134 158 819 977 780 241 126 156 144 53
UNION TERRITORIES:
30 A & N Islands 0 0 0 0 0 0 0 0 0 0
31 Chandigarh 3 1 1 2 2 1 1 0 2 0
32 D&N Haveli 1 0 1 1 0 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0 0 0 0 0 0
34 Delhi UT 25 0 28 28 21 4 3 1 1 0
35 Lakshadweep 0 0 0 0 0 0 0 0 0 0
36 Puducherry 0 0 1 1 1 0 0 0 0 0
TOTAL UT(S) 29 1 31 32 24 5 4 1 3 0
TOTAL (ALL INDIA) 1163 159 850 1009 804 246 130 157 147 53
TABLE 16A.4 Page 1 of 1
 TABLE 16A.5
Cases Registered against Police Personnel - 2017
50
Number of Cases Number of Police Personel
Cases
Final Trials Acquit-
S. Quashed/ With-
State/UT Registe- Charge- Report Arres- Charge- were Convic- ted or
No. Stayed by drawn/
red sheeted Submit- ted sheeted Compl ted Dischar-
Courts Disposed
ted eted ged
Off
1 2 3 4 5 6 7 8 9 10 11 12
STATES:
1 Andhra Pradesh 164 0 344 95 103 101 2 61 0 61
2 Arunachal Pradesh 9 0 1 4 0 5 0 0 0 0
3 Assam 8 4 1 2 0 1 0 0 0 0
4 Bihar 4 0 4 0 0 5 0 0 0 0
5 Chhattisgarh 20 0 10 15 0 17 3 99 3 96
6 Goa 25 0 2 13 11 11 0 1 0 1
7 Gujarat 191 10 125 34 178 176 2 23 0 23
8 Haryana 39 0 23 22 0 23 3 4 0 4
9 Himachal Pradesh 9 18 21 8 16 16 0 0 0 0
10 Jammu & Kashmir 40 0 52 45 0 28 1 36 1 35
11 Jharkhand 2 0 0 1 0 0 0 0 0 0
12 Karnataka 45 2 14 25 0 29 2 3 0 3
13 Kerala 114 4 16 55 45 31 8 6 3 3
14 Madhya Pradesh 50 0 60 36 0 48 4 264 10 254
15 Maharashtra 456 35 237 151 0 232 29 16 11 5
16 Manipur 0 0 0 0 0 0 0 0 0 0
17 Meghalaya 1 0 0 1 0 0 0 0 0 0
18 Mizoram 1 0 1 0 0 0 0 0 0 0
19 Nagaland 14 0 1 6 0 6 0 0 0 0
20 Odisha 44 14 23 18 0 12 0 0 0 0
21 Punjab 114 1 26 27 45 38 7 14 4 10
22 Rajasthan 169 7 82 57 0 29 1 1 0 1
23 Sikkim 0 0 0 0 0 0 0 0 0 0
24 Tamil Nadu 116 4 23 31 0 23 9 5 1 4
25 Telangana 87 0 18 40 47 44 3 3 0 3
26 Tripura 4 0 0 2 2 2 0 0 0 0
27 Uttar Pradesh 106 0 36 54 88 81 7 192 92 100
28 Uttarakhand 2 1 1 1 2 2 0 0 0 0
29 West Bengal 23 0 15 0 0 15 2 2 0 2
TOTAL STATE(S) 1857 100 1136 743 537 975 83 730 125 605
UNION TERRITORIES:
30 A & N Islands 8 0 7 0 7 7 0 0 0 0
31 Chandigarh 8 0 11 0 0 11 1 5 3 2
32 D&N Haveli 0 0 0 0 0 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0 0 0 0 0 0
34 Delhi UT 13 0 4 0 5 5 0 0 0 0
35 Lakshadweep 0 0 0 0 0 0 0 0 0 0
36 Puducherry 119 0 63 51 0 2 0 0 0 0
TOTAL UT(S) 148 0 85 51 12 25 1 5 3 2
TOTAL (ALL INDIA) 2005 100 1221 794 549 1000 84 735 128 607
Note: * Data of Persons Arrested is under Clarification TABLE 16A.5 Page 1 of 1
 TABLE 16A.6
Cases Registered against State Police Personnel for Human Rights Violation - 2017
51
Number of Cases Number of Policemen

Sl. Acquitte Acquitte

Incidence of
No. Regis- Final Reports Charge d/ Charge Convic- d/
Convict Arrested
tered Submitted Sheeted Discharg Sheeted ted Discharg
ed
ed ed
1 2 3 4 5 6 7 8 9 10 11

1 Encounter Killing 6 2 2 0 0 8 4 0 0

2 Deaths in Custody 7 2 4 0 0 20 20 0 0

3 Illegal Detention 0 0 0 0 0 0 0 0 0

Torture/Causing
4 17 2 13 3 1 13 12 3 1
Hurt/Injury

5 Extortion 6 2 1 0 0 3 2 0 0

6 Other 20 6 9 0 0 13 10 0 0

Total Human Rights

56 14 29 3 1 57 48 3 1
Violation by Police
 52
2017 DATA
STATE & UTs DEATHS CASES POLICEMEN POLICEMEN
REGISTERED IN CHARGE CONVICTED
THESE DEATHS SHEETED
STATES:
1 Andhra Pradesh 27 27 0 0
2 Arunachal Pradesh 0 0 0 0
3 Assam 0 0 0 0
4 Bihar 0 0 0 0
5 Chhattisgarh 3 2 4 0
6 Goa 0 0 0 0
7 Gujarat 10 2 5 0
8 Haryana 2 1 0 0
9 Himachal Pradesh 1 1 9 0
10 Jammu & Kashmir 0 0 0 0
11 Jharkhand 0 0 0 0
12 Karnataka 0 0 0 0
13 Kerala 0 0 0 0
14 Madhya Pradesh 5 0 0 0
15 Maharashtra 15 2 5 0
16 Manipur 4 0 0 0
17 Meghalaya 0 0 0 0
18 Mizoram 2 0 0 0
19 Nagaland 1 0 0 0
20 Odisha 2 2 0 0
 53
21 Punjab 4 2 0 0
22 Rajasthan 3 2 3 0
23 Sikkim 0 0 0 0
24 Tamil Nadu 8 8 0 0
25 Telangana 5 5 0 0
26 Tripura 0 0 0 0
27 Uttar Pradesh 4 4 1 0
28 Uttarakhand 1 1 0 0
29 West Bengal 3 3 0 0
TOTAL STATE(S) 100 62 27 0
UNION TERRITORIES:
30 Andaman & Nicobar Islands 0 0 0 0
31 Chandigarh 0 0 0 0
32 Dadra & Nagar Haveli 0 0 0 0
33 Daman & Diu 0 0 0 0
34 Delhi UT 0 0 0 0
35 Lakshadweep 0 0 0 0
36 Puducherry 0 0 0 0
Total UT(S) 0 0 0 0
TOTAL ALL INDIA 100 62 27 0
 54

Chapter 16A
Custodial Crimes
&Complaints
Against
Police
Personnel
 TABLE 16A.1
Deaths in Police Custody / Lockup (Persons Not on Remand) - 2018
55
Cases Policemen
Mag. Judicial
Deaths Acquit- Acqui-
S. Enqui- Enqui-
State/UT Repo- Regis- Charge- Convi- ted/ Arres- Charge- Convi- tted/
No. ries ries
rted tered sheeted cted Dischar ted sheeted cted Discha-
Ordered Ordered
ged rged
1 2 3 4 5 6 7 8 9 10 11 12 13
STATES:
1 Andhra Pradesh 2 2 0 2 0 0 0 0 0 0 0
2 Arunachal Pradesh 0 0 0 0 0 0 0 0 0 0 0
3 Assam 1 1 0 1 0 0 0 1 0 0 0
4 Bihar 0 0 0 0 0 0 0 0 0 0 0
5 Chhattisgarh 2 0 1 1 0 0 0 0 0 0 0
6 Goa 0 0 0 0 0 0 0 0 0 0 0
7 Gujarat 13 7 5 3 3 0 0 10 11 0 0
8 Haryana 1 0 0 1 0 0 0 0 0 0 0
9 Himachal Pradesh 0 0 0 0 0 0 0 0 0 0 0
10 Jammu & Kashmir 0 0 0 0 0 0 0 0 0 0 0
11 Jharkhand 1 0 0 1 0 0 0 0 0 0 0
12 Karnataka 1 0 0 1 0 0 0 0 0 0 0
13 Kerala 1 0 0 1 0 0 0 9 0 0 0
14 Madhya Pradesh 0 0 0 0 0 0 0 0 0 0 0
15 Maharashtra 5 0 5 1 1 0 0 0 2 0 0
16 Manipur 0 0 0 0 0 0 0 0 0 0 0
17 Meghalaya 0 0 0 0 0 0 0 0 0 0 0
18 Mizoram 0 0 0 0 0 0 0 0 0 0 0
19 Nagaland 0 0 0 0 0 0 0 0 0 0 0
20 Odisha 0 0 0 0 0 0 0 0 0 0 0
21 Punjab 1 1 0 0 0 0 0 0 0 0 0
22 Rajasthan 4 1 1 3 1 0 0 3 0 0 0
23 Sikkim 0 0 0 0 0 0 0 0 0 0 0
24 Tamil Nadu 12 3 9 12 0 0 0 0 0 0 0
25 Telangana 2 0 0 2 0 0 0 0 0 0 0
26 Tripura 0 0 0 0 0 0 0 0 0 0 0
27 Uttar Pradesh 0 0 0 0 0 0 0 0 0 0 0
28 Uttarakhand 0 0 0 0 0 0 0 0 0 0 0
29 West Bengal 0 0 0 0 0 0 0 0 0 0 0
TOTAL STATE(S) 46 15 21 29 5 0 0 23 13 0 0
UNION TERRITORIES:
30 A & N Islands 0 0 0 0 0 0 0 0 0 0 0
31 Chandigarh 0 0 0 0 0 0 0 0 0 0 0
32 D&N Haveli 0 0 0 0 0 0 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0 0 0 0 0 0 0
34 Delhi UT 0 0 0 0 0 0 0 0 0 0 0
35 Lakshadweep 0 0 0 0 0 0 0 0 0 0 0
36 Puducherry 0 0 0 0 0 0 0 0 0 0 0
TOTAL UT(S) 0 0 0 0 0 0 0 0 0 0 0
TOTAL (ALL INDIA) 46 15 21 29 5 0 0 23 13 0 0
Note: Persons Not on Remand includes Persons Arrested TABLE 16A.1 Page 1 of 1
and yet to be produced before court

Clarifications are pending from West Bengal, Assam, Arunachal Pradesh, Meghalaya & Sikkim
 TABLE 16A.2
Deaths in Police Custody/Lockup (Persons in Remand) - 2018
56
Cases Policemen Total
Judi-
Mag. Deaths
cial
Deaths Enqui- Acqui- (Col.3 +
S. Enqui- Acquit-
State/UT Repo- ries Regist Charge- Convi- Arres- Charge- Convi- tted/ Col.3
No. ries ted/Dis-
rted Orde- ered sheeted cted ted sheeted cted Discha- of
Order charged
red rged Table
ed
16A.1)
1 2 3 4 5 6 7 8 9 10 11 12 13 14
STATES:
1 Andhra Pradesh 9 3 0 9 0 0 0 0 0 0 0 11
2 Arunachal Pradesh 0 0 0 1 0 0 0 0 0 0 0 0
3 Assam 1 0 0 1 0 0 0 0 0 0 0 2
4 Bihar 1 0 0 1 0 0 0 0 0 0 0 1
5 Chhattisgarh 0 0 0 0 0 0 0 0 0 0 0 2
6 Goa 0 0 0 0 0 0 0 0 0 0 0 0
7 Gujarat 1 1 0 0 0 0 0 0 0 0 0 14
8 Haryana 1 0 1 1 0 0 0 0 0 0 0 2
9 Himachal Pradesh 0 0 0 0 0 0 0 0 0 0 0 0
10 Jammu & Kashmir 0 0 0 0 0 0 0 0 0 0 0 0
11 Jharkhand 0 0 0 0 0 0 0 0 0 0 0 1
12 Karnataka 1 0 0 0 0 0 0 0 0 0 0 2
13 Kerala 0 0 0 0 0 0 0 0 0 0 0 1
14 Madhya Pradesh 4 0 4 0 0 0 0 0 0 0 0 4
15 Maharashtra 2 0 2 0 0 0 0 0 0 0 0 7
16 Manipur 0 0 0 0 0 0 0 0 0 0 0 0
17 Meghalaya 0 0 0 0 0 0 0 0 0 0 0 0
18 Mizoram 0 0 0 0 0 0 0 0 0 0 0 0
19 Nagaland 0 0 0 0 0 0 0 0 0 0 0 0
20 Odisha 2 0 0 1 0 0 0 0 0 0 0 2
21 Punjab 1 1 0 0 0 0 0 0 0 0 0 2
22 Rajasthan 1 1 0 1 0 0 0 0 0 0 0 5
23 Sikkim 0 0 0 0 0 0 0 0 0 0 0 0
24 Tamil Nadu 0 0 0 0 0 0 0 0 0 0 0 12
25 Telangana 0 0 0 0 0 0 0 0 0 0 0 2
26 Tripura 0 0 0 0 0 0 0 0 0 0 0 0
27 Uttar Pradesh 0 0 0 0 0 0 0 0 0 0 0 0
28 Uttarakhand 0 0 0 0 0 0 0 0 0 0 0 0
29 West Bengal 0 0 0 0 0 0 0 0 0 0 0 0
TOTAL STATE(S) 24 6 7 15 0 0 0 0 0 0 0 70
UNION TERRITORIES:
30 A & N Islands 0 0 0 0 0 0 0 0 0 0 0 0
31 Chandigarh 0 0 0 0 0 0 0 0 0 0 0 0
32 D&N Haveli 0 0 0 0 0 0 0 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0 0 0 0 0 0 0 0
34 Delhi UT 0 0 0 0 0 0 0 0 0 0 0 0
35 Lakshadweep 0 0 0 0 0 0 0 0 0 0 0 0
36 Puducherry 0 0 0 0 0 0 0 0 0 0 0 0
TOTAL UT(S) 0 0 0 0 0 0 0 0 0 0 0 0
TOTAL (ALL INDIA) 24 6 7 15 0 0 0 0 0 0 0 70
TABLE 16A.2 Page 1 of 1

# Clarifications are pending from West Bengal, Assam, Arunachal Pradesh, Meghalaya & Sikkim
 TABLE 16A.3
Reasons of Custodial Deaths - 2018
57
Injuries
Death due sustained Road
Injuries
to illness/ during the While Accidents/
sustained
S. Death in police Escaping Journey
State/UT Suicide prior to Others Total
No. Hospitals custody due from Connected
police
during to physical Custody with
custody
treatment assault by Investigation
police
1 2 3 4 5 6 7 8 9 10
STATES:
1Andhra Pradesh 1 7 0 0 2 0 1 11
2Arunachal Pradesh 0 0 0 0 0 0 0 0
3Assam 0 0 1 0 1 0 0 2
4Bihar 1 0 0 0 0 0 0 1
5Chhattisgarh 0 0 0 0 0 1 1 2
6Goa 0 0 0 0 0 0 0 0
7Gujarat 3 6 3 1 1 0 0 14
8Haryana 1 1 0 0 0 0 0 2
9Himachal Pradesh 0 0 0 0 0 0 0 0
10Jammu & Kashmir 0 0 0 0 0 0 0 0
11Jharkhand 0 1 0 0 0 0 0 1
12Karnataka 0 1 0 0 1 0 0 2
13Kerala 0 0 0 1 0 0 0 1
14Madhya Pradesh 3 1 0 0 0 0 0 4
15Maharashtra 1 5 0 1 0 0 0 7
16Manipur 0 0 0 0 0 0 0 0
17Meghalaya 0 0 0 0 0 0 0 0
18Mizoram 0 0 0 0 0 0 0 0
19Nagaland 0 0 0 0 0 0 0 0
20Odisha 1 0 0 0 0 0 1 2
21Punjab 1 1 0 0 0 0 0 2
22Rajasthan 2 2 1 0 0 0 0 5
23Sikkim 0 0 0 0 0 0 0 0
24Tamil Nadu 2 7 2 0 1 0 0 12
25Telangana 1 0 0 0 1 0 0 2
26Tripura 0 0 0 0 0 0 0 0
27Uttar Pradesh 0 0 0 0 0 0 0 0
28Uttarakhand 0 0 0 0 0 0 0 0
29West Bengal 0 0 0 0 0 0 0 0
TOTAL STATE(S) 17 32 7 3 7 1 3 70
UNION TERRITORIES:
30 A & N Islands 0 0 0 0 0 0 0 0
31 Chandigarh 0 0 0 0 0 0 0 0
32 D&N Haveli 0 0 0 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0 0 0 0
34 Delhi UT 0 0 0 0 0 0 0 0
35 Lakshadweep 0 0 0 0 0 0 0 0
36 Puducherry 0 0 0 0 0 0 0 0
TOTAL UT(S) 0 0 0 0 0 0 0 0
TOTAL (ALL INDIA) 17 32 7 3 7 1 3 70
TABLE 16A.3 Page 1 of 1
# Clarifications are pending from West Bengal, Assam, Arunachal Pradesh, Meghalaya & Sikkim
 TABLE 16A.4
Escapes From Police Custody - 2018
58
Persons Escaped Cases
Escapees Action taken for Negligence
against
S. Cases Police Police
State/UT Police Police
No. Reported From Outside Re- Abscon- for Personnel
Total Personnel Personnel
lockup Lockup Arrested ding Negli- Charge-
Arrested Sheeted Convicted
gence
1 2 3 4 5 6 7 8 9 10 11 12
STATES:
1 Andhra Pradesh 26 1 35 36 22 6 3 0 1 0
2 Arunachal Pradesh 2 2 0 2 2 0 0 0 0 0
3 Assam 38 25 12 37 6 28 0 0 0 0
4 Bihar 54 14 50 64 35 18 1 0 1 0
5 Chhattisgarh 31 5 27 32 24 15 0 0 0 0
6 Goa 4 0 5 5 4 1 0 0 0 0
7 Gujarat 38 8 36 44 38 6 11 20 20 0
8 Haryana 27 10 23 33 16 3 17 12 12 0
9 Himachal Pradesh 11 1 10 11 11 4 2 7 7 0
10 Jammu & Kashmir 17 9 9 18 13 4 3 7 6 0
11 Jharkhand 13 6 9 15 10 2 1 0 0 0
12 Karnataka 40 4 29 33 23 11 3 0 1 0
13 Kerala 37 7 30 37 34 2 0 0 0 0
14 Madhya Pradesh 312 26 80 106 94 22 5 1 1 2
15 Maharashtra 77 16 71 87 64 11 0 0 0 0
16 Manipur 0 0 0 0 0 0 0 0 0 0
17 Meghalaya 3 1 2 3 3 0 0 0 0 0
18 Mizoram 228 0 6 6 5 0 0 0 0 0
19 Nagaland 1 2 0 2 1 1 1 1 0 0
20 Odisha 29 7 39 46 15 13 5 0 0 0
21 Punjab 53 18 40 58 32 19 23 37 4 1
22 Rajasthan 54 11 42 53 45 17 0 0 7 2
23 Sikkim 0 0 0 0 0 0 0 0 0 0
24 Tamil Nadu 27 5 27 32 28 4 2 0 1 0
25 Telangana 29 1 28 29 21 8 0 0 0 0
26 Tripura 4 3 1 4 4 0 0 0 0 0
27 Uttar Pradesh 77 13 76 89 72 17 52 61 54 4
28 Uttarakhand 4 0 4 4 4 2 0 0 0 0
29 West Bengal 19 2 20 22 16 5 0 0 0 0
TOTAL STATE(S) 1255 197 711 908 642 219 129 146 115 9
UNION TERRITORIES:
30 A & N Islands 0 0 0 0 0 0 0 0 0 0
31 Chandigarh 4 3 4 7 4 1 1 3 0 0
32 D&N Haveli 0 0 0 0 0 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0 0 0 0 0 0
34 Delhi UT 22 3 19 22 10 2 6 0 0 0
35 Lakshadweep 0 0 0 0 0 0 0 0 0 0
36 Puducherry 0 0 0 0 0 0 0 0 0 0
TOTAL UT(S) 26 6 23 29 14 3 7 3 0 0
TOTAL (ALL INDIA) 1281 203 734 937 656 222 136 149 115 9
TABLE 16A.4 Page 1 of 1
# Clarifications are pending from West Bengal, Assam, Arunachal Pradesh, Meghalaya & Sikkim
 TABLE 16A.5
Cases Registered against Police Personnel - 2018
59
Number of Cases Number of Police Personel
Cases
Final Trials Acquit-
S. Quashed/ With-
State/UT Registe- Charge- Report Arres- Charge- were Convic- ted or
No. Stayed by drawn/
red sheeted Submit- ted sheeted Compl ted Dischar-
Courts Disposed
ted eted ged
Off
1 2 3 4 5 6 7 8 9 10 11 12
STATES:
1 Andhra Pradesh 97 2 45 5 0 61 0 11 1 10
2 Arunachal Pradesh 5 0 0 1 0 0 0 0 0 0
3 Assam 30 0 5 10 0 5 6 1 0 1
4 Bihar 17 0 11 1 0 63 55 0 0 0
5 Chhattisgarh 255 2 3 16 19 12 0 4 1 3
6 Goa 10 0 0 8 0 9 0 1 0 1
7 Gujarat 170 4 125 107 174 163 2 10 0 10
8 Haryana 64 0 46 31 0 26 7 2 1 1
9 Himachal Pradesh 13 0 5 43 0 9 2 0 0 0
10 Jammu & Kashmir 47 0 0 34 0 40 1 0 0 0
11 Jharkhand 2 0 0 0 0 0 0 0 0 0
12 Karnataka 92 1 38 20 0 17 5 0 0 0
13 Kerala 97 2 31 12 6 31 1 12 4 8
14 Madhya Pradesh 172 0 97 63 18 73 8 376 20 356
15 Maharashtra 401 7 197 28 319 197 3 2 2 0
16 Manipur 2 0 0 0 0 0 0 0 0 0
17 Meghalaya 0 0 0 0 0 0 0 0 0 0
18 Mizoram 3 0 0 2 0 2 0 0 0 0
19 Nagaland 3 0 0 0 0 0 0 0 0 0
20 Odisha 19 0 1 4 4 4 0 0 0 0
21 Punjab 286 6 17 14 0 18 13 16 5 11
22 Rajasthan 3340 2 2138 1012 3 26 0 8 1 7
23 Sikkim 0 0 0 0 0 0 0 0 0 0
24 Tamil Nadu 71 1 7 25 26 19 1 3 0 3
25 Telangana 111 0 48 1 0 46 2 0 0 0
26 Tripura 11 1 1 5 0 1 0 0 0 0
27 Uttar Pradesh 90 3 32 27 0 46 15 136 5 131
28 Uttarakhand 5 0 2 3 3 0 23 0 0 0
29 West Bengal 46 27 9 11 0 35 6 1 0 1
TOTAL STATE(S) 5459 58 2858 1483 572 903 150 583 40 543
UNION TERRITORIES:
30 A & N Islands 11 0 0 9 7 7 0 0 0 0
31 Chandigarh 2 0 0 6 1 3 2 3 1 2
32 D&N Haveli 0 0 0 0 0 0 0 0 0 0
33 Daman & Diu 0 0 0 0 0 0 0 0 0 0
34 Delhi UT 7 0 4 1 0 5 0 0 0 0
35 Lakshadweep 0 0 0 0 0 0 0 0 0 0
36 Puducherry 0 0 0 0 0 0 0 0 0 0
TOTAL UT(S) 20 0 4 16 8 15 2 3 1 2
TOTAL (ALL INDIA) 5479 58 2862 1499 580 918 152 586 41 545
TABLE 16A.5 Page 1 of 1
# Clarifications are pending from West Bengal, Assam, Arunachal Pradesh, Meghalaya & Sikkim
 TABLE 16A.6
Cases Registered against State Police Personnel for Human Rights Violation - 2018
60
Number of Cases Number of Policemen

Sl. Acquitte Acquitte

Incidence of
No. Regis- Final Reports Charge d/ Charge Convic- d/
Convict Arrested
tered Submitted Sheeted Discharg Sheeted ted Discharg
ed
ed ed
1 2 3 4 5 6 7 8 9 10 11

1 Encounter Killing 4 3 0 0 0 0 0 0 0

2 Deaths in Custody 3 1 0 0 0 9 0 0 0

3 Illegal Detention 1 0 0 0 0 0 0 0 0

Torture/Causing
4 3 3 3 0 0 1 1 0 0
Hurt/Injury

5 Extortion 17 9 7 0 1 11 11 0 1

6 Other 61 20 15 0 0 19 14 0 0

Total Human Rights

89 36 25 0 1 40 26 0 1
Violation by Police
 61
2018 DATA
STATE & UTs DEATHS CASES POLICEMEN POLICEMEN
REGISTERED IN CHARGE CONVICTED
THESE DEATHS SHEETED
STATES:
1 Andhra Pradesh 11 11 0 0
2 Arunachal Pradesh 0 1 0 0
3 Assam 2 2 0 0
4 Bihar 1 1 0 0
5 Chhattisgarh 2 1 0 0
6 Goa 0 0 0 0
7 Gujarat 14 3 11 0
8 Haryana 2 2 0 0
9 Himachal Pradesh 0 0 0 0
10 Jammu & Kashmir 0 0 0 0
11 Jharkhand 1 1 0 0
12 Karnataka 2 1 0 0
13 Kerala 1 1 0 0
14 Madhya Pradesh 4 0 0 0
15 Maharashtra 7 1 2 0
16 Manipur 0 0 0 0
17 Meghalaya 0 0 0 0
18 Mizoram 0 0 0 0
 62
19 Nagaland 0 0 0 0
20 Odisha 2 1 0 0
21 Punjab 2 0 0 0
22 Rajasthan 5 4 0 0
23 Sikkim 0 0 0 0
24 Tamil Nadu 12 12 0 0
25 Telangana 2 2 0 0
26 Tripura 0 0 0 0
27 Uttar Pradesh 0 0 0 0
28 Uttarakhand 0 0 0 0
29 West Bengal 0 0 0 0
TOTAL STATE(S) 70 44 13 0
UNION TERRITORIES:
30 Andaman & Nicobar Islands 0 0 0 0
31 Chandigarh 0 0 0 0
32 Dadra & Nagar Haveli 0 0 0 0
33 Daman & Diu 0 0 0 0
34 Delhi UT 0 0 0 0
35 Lakshadweep 0 0 0 0
36 Puducherry 0 0 0 0
Total UT(S) 0 0 0 0
TOTAL ALL INDIA 70 44 13 0
 63
Annexure – 1 Para 2.13

STATEMENT SHOWING NUMBER OF CASES REGISTERED FROM 01/04/2014 TO

31/03/2015 (Data as per CMS as on 30/07/2015)

Intimation Received about Intima

Custodial Deaths/Rapes tion
Receiv-
Para-Mil-
ed
Name of the State/ Suo-Motu Police Judicial itary/
Complaints about Total
Union Territory Cognizance Custodial Custodial Defence
Encou-
Deaths/ Deaths/ Custodial
nter
Rapes Rapes Deaths/
Deaths
Rapes

ALL INDIA 79 1 0 0 0 0 80
ANDHRA
PRADESH 1167 3 5 45 0 4 1224
ARUNACHAL
PRADESH 145 0 3 6 0 4 158
ASSAM 527 4 7 22 0 84 644
BIHAR 4387 6 6 117 0 0 4516
GOA 52 0 0 2 0 0 54
GUJARAT 1508 3 13 41 0 0 1565
HARYANA 13267 17 5 40 0 2 13331
HIMACHAL
PRADESH 279 3 2 1 0 0 285
JAMMU &
KASHMIR 363 1 1 4 0 0 369
KARNATAKA 1499 3 4 8 0 1 1515
KERALA 617 4 4 23 0 0 648
MADHYA
PRADESH 3498 13 3 132 0 6 3652
MAHARASHTRA 2834 6 26 103 0 11 2980
MANIPUR 122 0 0 1 0 1 124
MEGHALAYA 68 1 3 2 0 22 96

National Human Right Commission Annual Report - 2014-2015 271

 64
MIZORAM 16 0 0 3 0 0 19

NAGALAND 33 0 1 8 0 0 42

ODISHA 5790 2 2 53 0 6 5853

PUNJAB 1582 8 1 214 0 2 1807

RAJASTHAN 3126 6 4 59 0 0 3195

SIKKIM 20 0 0 0 0 0 20

TAMIL NADU 2213 9 9 49 0 0 2280

TRIPURA 79 0 0 4 0 0 83
UTTAR
50326 39 11 341 0 7 50724
PRADESH
WEST BENGAL 1877 10 9 100 0 5 2001
ANDAMAN &
20 0 0 3 0 0 23
NICOBAR
CHANDIGARH 201 0 0 1 0 0 202
DADRA &
13 0 0 1 0 0 14
NAGAR HAVELI
DAMAN & DIU 10 0 0 0 0 0 10

DELHI 8991 39 2 42 0 2 9076

LAKSHADWEEP 11 0 0 0 0 0 11

PUDUCHERRY 91 0 0 1 0 0 92

CHHATTISGARH 1114 4 1 49 0 23 1191

JHARKHAND 1920 4 5 44 0 10 1983

UTTARAKHAND 3077 1 2 21 0 0 3101

TELANGANA 844 4 4 49 0 2 903

FOREIGN
296 0 0 0 0 0 296
COUNTRIES
GRAND TOTAL 112062 191 133 1589 0 192 114167

272 National Human Right Commission Annual Report - 2014-2015

National Human Right Commission
65
Para 2.22
STATEMENT SHOWING NUMBER OF CASES REGISTERED FROM
01/04/2015 TO 31/03/2016
Intimations Received about
Custodial Deaths/Rapes Intima-
Suo- Defence/ tions
Name of the
Com- Motu Police Judicial Para- Received Grand
State/
plaints Cogni- Custodial Custodial Military about En- Total
Union Territory
zance Deaths/ Deaths/ Custodial counter
Rapes Rapes Deaths/ Deaths
Rapes
All India 416 0 0 0 0 0 416
Andhra Pradesh 1280 3 6 41 0 5 1335
Arunachal
29 0 3 3 0 3 38
Pradesh
Assam 284 1 9 22 1 49 366
Bihar 4019 5 8 106 0 3 4141
Goa 66 0 1 2 0 0 69
Gujarat 1393 3 10 39 0 0 1445
Haryana 11518 8 6 65 0 9 11606
Himachal
216 0 0 7 0 0 223
Pradesh
Jammu &
209 0 0 2 0 2 213
Kashmir
Karnataka 958 5 4 11 0 1 979
Kerala 942 2 5 49 0 0 998
Madhya Pradesh 2808 16 7 135 0 3 2969
Maharashtra 2867 6 24 115 0 3 3015
Manipur 66 0 0 1 0 9 76
Meghalaya 29 0 4 4 0 16 53
Mizoram 13 1 2 4 0 0 20
Nagaland 8 0 0 0 0 0 8

Annual Report - 2015-2016

289
 66
National Human Right Commission

Intimations Received about

Custodial Deaths/Rapes Intima-
Suo- Defence/ tions
Name of the
Com- Motu Police Judicial Para- Received Grand
State/
plaints Cogni- Custodial Custodial Military about En- Total
Union Territory
zance Deaths/ Deaths/ Custodial counter
Rapes Rapes Deaths/ Deaths
Rapes
Orissa 16215 4 6 45 0 8 16278
Punjab 1249 1 3 180 0 2 1435
Rajasthan 3169 7 5 82 0 0 3263
Sikkim 10 0 0 1 0 0 11
Tamil Nadu 3054 15 4 64 0 1 3138
Tripura 49 0 2 3 0 0 54
Uttar Pradesh 49323 28 15 350 0 5 49721
West bengal 1995 2 10 105 0 15 2127
Andaman &
30 0 1 1 0 0 32
Nicobar
Chandigarh 200 0 0 6 0 0 206
Dadra & Nagar
8 0 0 0 0 0 8
Haveli
Daman & Diu 22 0 0 0 0 0 22
Delhi 7533 37 3 51 0 2 7626
Lakshadweep 9 0 0 0 0 0 9
Puducherry 122 0 1 0 0 0 123
Chhattisgarh 704 4 3 61 0 50 822
Jharkhand 1573 11 5 64 0 17 1670
Uttarakhand 1799 2 1 19 0 0 1821
Telangana 1052 1 4 32 0 3 1092
Foreign
379 1 0 0 0 0 380
Countries
Grand total 115616 163 152 1670 1 206 117808

Annual Report - 2015-2016

290
 67
NATIONAL HUMAN RIGHTS COMMISSION

Annexure – 1 Para 2.27

STATEMENT SHOWING NUMBER OF CASES REGISTERED FROM 01/04/2016 TO 31/03/2017
Intimations Received about
Custodial Deaths/Rapes Intimations
Received
Name of the State/ Suo-Motu Police Judicial Defence/ Grand
Complaints about
Union Territory Cognizance Custodial Custodial Para-Military Total
Encounter
Deaths/ Deaths/ Custodial Deaths/ Deaths
Rapes Rapes Rapes
All India 633 1 0 0 0 0 634
Andhra Pradesh 1214 1 2 30 0 3 1250
Arunachal Pradesh 25 0 1 0 0 5 31
Assam 199 1 9 26 0 33 268
Bihar 3668 2 5 86 0 4 3765
Goa 51 0 1 4 0 0 56
Gujarat 1144 3 10 53 0 0 1210
Haryana 4539 1 9 45 0 2 4596
Himachal Pradesh 176 0 1 4 0 0 181
Jammu & Kashmir 241 2 0 7 1 0 251
Karnataka 1418 4 4 6 0 2 1434
Kerala 668 7 5 48 0 1 729
Madhya Pradesh 2542 7 10 135 0 1 2695
Maharashtra 2321 6 25 125 0 8 2485
Manipur 38 0 1 0 0 3 42
Meghalaya 33 0 0 1 0 10 44
Mizoram 8 0 2 4 0 0 14
Nagaland 13 0 1 0 0 0 14
Odisha 8682 8 4 47 0 9 8750
Punjab 972 1 6 150 0 3 1132
Rajasthan 2887 4 6 82 0 0 2979
Sikkim 5 0 0 0 0 0 5
Tamil Nadu 3002 11 7 60 0 2 3082
Tripura 55 0 0 5 0 0 60
Uttar Pradesh 42160 15 11 400 0 4 42590
West Bengal 1561 2 9 99 0 7 1678
Andaman & Nicobar 43 0 0 0 0 0 43
Chandigarh 123 0 0 3 0 0 126
Dadra & Nagar Haveli 8 0 0 0 0 0 8
Daman & Diu 13 0 0 0 0 0 13
Delhi 6324 11 2 30 0 1 6368
Lakshadweep 10 0 0 0 0 0 10
Puducherry 141 0 0 1 0 0 142
Chhattisgarh 586 6 6 56 0 75 729
Jharkhand 1468 1 5 60 0 7 1541
Uttarakhand 1693 0 0 20 0 0 1713
Telangana 891 4 4 29 0 0 928
Foreign countries 291 0 0 0 0 0 291
Grand total 89846 98 146 1616 1 180 91887

198 ANNUAL REPORT 2016-2017

 NATIONAL HUMAN RIGHTS COMMISSION
68

Total
Received
Police Judicial about
Custodial Custodial Para-Military Encounter
Custodial
Rapes Rapes
All India 562 3 0 0 0 0 565
Andhra Pradesh 1082 0 2 36 0 1 1121
Arunachal Pradesh 32 1 3 3 0 5 44
Assam 232 1 11 29 1 18 292
Bihar 3403 3 7 109 0 0 3522
Goa 45 1 0 0 0 0 46
Gujarat 1476 0 14 50 0 0 1540
Haryana 2962 2 7 46 0 4 3021
Himachal Pradesh 159 0 2 6 0 0 167
189 0 0 4 0 1 194
864 2 4 11 0 2 883
578 1 3 38 0 0 620
Madhya Pradesh 2574 7 7 114 0 1 2703
Maharashtra 2069 7 19 125 0 10 2230
Manipur 35 0 1 1 0 3 40
Meghalaya 28 0 2 2 0 4 36
12 0 1 2 0 0 15
Nagaland 19 0 0 2 0 0 21
4909 3 4 54 0 7 4977
Punjab 839 2 10 127 0 1 979
Rajasthan 3182 5 3 91 0 4 3285
Sikkim 5 0 0 2 0 0 7
Tamil Nadu 1976 3 11 72 0 2 2064
Tripura 45 0 1 5 0 0 51
38196 17 12 390 0 44 38659
1563 0 5 138 0 4 1710
Andaman & Nicobar 35 0 0 0 0 0 35
Chandigarh 117 0 0 2 0 0 119
15 0 0 0 0 0 15
17 0 0 0 0 0 17
5771 8 7 42 0 1 5829
Lakshadweep 4 0 0 0 0 0 4
Puducherry 102 0 0 0 0 0 102
Chhattisgarh 520 4 3 54 0 40 621
Jharkhand 1531 3 6 50 0 10 1600
1466 0 0 17 0 1 1484
Telangana 746 1 3 14 0 1 765
229 0 0 0 0 0 229
Grand Total 74 1636 1 164 79612

198 Annual Report 2017-2018

 69

https://thewire.in/rights/custodial-death-judicial-inquiry-crpc

Most States Have Flouted Mandatory Judicial Inquiry into Custodial

Deaths for 15 Years

Sukanya Shantha

9-11 minutes

Mumbai: On June 26, following nationwide outrage, the Madurai bench of the
Madras high court ordered for a judicial magistrate s inquiry into the alleged
custodial murders of P. Jayaraj and Bennix, a father and son duo, in
Thoothukudi, Tamil Nadu. A judicial magistrate, M.S. Bharathidasan, was
immediately assigned the job, and the magistrate has since been conducting
an inquiry parallel to the police investigation.

The high court s intervention, however, can nowhere be treated as an

extraordinary step. The court was, in fact, only spelling out the bare minimum
prerequisite prescribed under Section 176 (1A) of the Code of Criminal
Procedure (CrPC).

The provision to conduct a judicial magistrate s inquiry into matters of

custodial deaths, rapes and disappearances have existed in the statute since
2005. It was introduced as a replacement to the earlier Section 176 (1) of the
CrPC, which until then only prescribed an executive magistrate s inquiry.

But 15 years later, the amended section continues to remain near dormant.
Only with public outrage and a higher court s intervention is it implemented.
 70
Deaths in custody, both police and prison, have been rampant and there has
been a steady rise in the numbers each year. Since the amendment in the
law, as many as 1,373 persons have died in legal or illegal police custody. But
among them, states have proceeded with the mandatory judicial inquiry in just
298 cases, which is about 21% of the total cases.

These deaths are never straightforward, points out human rights activist
Suhas Chakma. “Just by the government data itself, it is clear that most of
these deaths occur in illegal police custody. The detained persons die even
before they are produced before the magistrate, Chakma points out. Between
2005 and 2018, 873 out of the total 1,373 persons have died while in police
custody, but not remanded by the judiciary. Since their detentions are not
judicially sanctioned, those dead were all illegally detained.

The police, however, in almost all cases, shirk responsibility. These deaths,
according to the annual Crimes in India report published by the National
Crimes Report Bureau, happen due to prior illnesses, or by suicide. Since
2005, in about 266 cases, FIRs were registered against policemen. Of them,
on investigation, 54 policemen were chargesheeted. But not one person has
been convicted till date.

The story gets grimmer when the person is incarcerated in a jail. In the case of
prions, the number rises dramatically. Since 2005, a shocking 22,027
incarcerated persons have lost their lives in judicial custody or in prisons.

Since over 70% of the total prison population are usually undertrials, most of
these deaths could be of those awaiting justice. These deaths are classified
simply as caused due to “natural and “unnatural reasons, and almost always
escape judicial scrutiny. Most of these deaths classified as “natural are
usually due to poor medical care available for prisoners. Also, the NCRB
report and several independent research findings have concluded that the
representation of Dalit, Adivasis, Denotified Tribes, Nomadic Tribes, Other
 71
Backward Classes and lower caste Muslims is disproportionately high. In
deaths too, these communities are overrepresented.

In November last year, Chakma moved the Supreme Court seeking

compulsory implementation of the provision. He says only this provision can
bring out the pattern of police violence and extra- judicial killings in the
country. “Deaths are common in custody. In most cases, they get passed off
as an accepted custodial norm and it doesn t create any ripple in society, he
says.

His petition points at statistics meticulously collected from the NCRB and the
National Human Rights Commission over the past 15 years.

Also read: In the process of drafting this petition, Chakma applied for
information under Right to Information Act asking for state-wise information on
the implementation of CrPC provision. While most states have claimed that
the information sought was “unavailable , a few police stations and prisons
from Assam, Delhi, Maharashtra, Meghalaya, Odisha and Telangana however
provided information. These states too, however, show utter disregard for the
legal provision, Chakma says.

For example, a total of 58 cases of deaths and one case of disappearance

took place in eight jails of Assam between 2015-17. However, inquiry by the
judicial magistrate was conducted in just one case. Similarly, for the same
period in Delhi, five persons had died while in custody but the state carried out
a judicial inquiry in just one.

In Maharashtra, even as 47 deaths were recorded, the state police claimed

that the information regarding judicial inquiry was “not available .

Story behind judicial inquiry

 72
The amendment to the CrPC was done after a long-drawn debate and
advocacy work by the human rights activists that had begun at least a decade
before the law was amended.

Within weeks of its constitution, in 1993, the National Human Rights

Commission (NHRC) issued its first ever guidelines relating to custodial
deaths and rapes. District magistrates and police superintendents were
directed to submit a preliminary report on the incident within 24 hours of its
occurrence.

Similarly, the Law Commission picked up the issue of Custodial Crimes for its
152nd report published in 1994 and stated that, “Despite constitutional and
statutory provisions safeguarding the liberty and the life of an individual, the
growing incidence of custodial torture and death have become a disturbing
factor in the society and the gory tales of dehumanising torture, assault and
death in the custody of police being reported almost in every morning
newspaper. The law commission had observed that executive magistrates or
the district collectors only looked at these investigations as formalities and “the
findings did not inspire confidence .

Following the Law Commission s report, the Code of Criminal Procedure Code
(Amendment) Bill, 1994 was introduced by the union of India and referred to
the Rajya Sabha s parliamentary standing committee. After 13 elaborate
sittings, the committee submitted its 28th report seeking amendment to the
existing law. The report found executive magisterial inquiries to be highly
inadequate and therefore, recommended mandatory judicial inquiries after
amending Section 176(1A) CrPC. Finally, 11 years later, then Union home
minister Shivraj Patil introduced the Bill in the Rajya Sabha.

Chakma says the amendment was done with two crucial objectives. “One was
for establishment of accountability of those indulging in custodial crimes and
 73
another, also the most important one, was to develop a civilised society
governed by the rule of law.

Failure of judicial system

In his experience of working on the issue for close to two decades, Chakma
says, there is a certain degree of accountability seen when allegations of rape
are levelled against the policemen. “Cases of rape are more likely to be
investigated. The outcome might not be favourable, but the states show some
seriousness in dealing with these cases. But in the case of deaths and
disappearance, they maintain a radio silence.

When the executive fails to hold its own accountable, it is the judiciary and the
human rights commission that is expected to do the job. “But both have
continued to be mute spectators, he says.

“It is worrying how magistrates never seek an explanation for the deaths of
those in their custody. The police close files, claiming the deaths occurred due
to illness or by suicide, and the courts blindly accept them. Nothing stops them
from following the procedures laid down in the law but they simply don t, he
adds.

Since its inception, the NHRC has been active in ordering monetary
compensation for custodial deaths. “This compensation is ordered only when
the commission holds that the person was killed or abused in custody. The
commission, however, has failed to hold the erring officers responsible and
never intervened before the court or pushed for a penal accountability,
Chakma points out. Between 2005 and 2019, the commission has received
complaints and reports in 24,043 cases of custodial deaths or rapes. But not
once did the commission seek the enactment of Section 176(1A) CrPC or
make any legal interventions.
 74
Since Chakma filed the petition in November last year, notices have been
issues to the Centre and all states. But since the COVID-19 pandemic
outbreak, the proceedings in the case have taken a backseat.

“The Tamil Nadu incident is only a grim reminder to both the courts and states
to act swiftly now and ensure that the judicial process is honoured, he says.

https://www.newindianexpress.com/nation/2020/jul/11/gujarat-tamil-nadu-
report-most-custodial-deaths-in-country-no-conviction-2168193.html

Gujarat, Tamil Nadu report most custodial deaths in country, no

conviction

By Sana Shakil
3-4 minutes

Forensic experts inspect the encounter site near Kanpur | PTI

Express News Service

NEW DELHI: If at all a probe is ordered in case of Vikas Dubey s

encounter , over which many, including former senior police officers, have
raised serious doubts, and the police personnel involved in Thursday s
encounter of his aides are found guilty and are convicted, it would be a
exception and not a norm.

That s because in all such cases, as per National Crime Records Bureau s
latest report of 2018, there has not been a single conviction of a police
 75
personnel. No policeman was convicted for human rights violations, including
custodial deaths, according to data analysed by this newspaper.

A total of 70 custodial deaths were reported in 2018, of which most of the

people — 46 — were not on remand. Gujarat reported 14 such deaths, the
highest; Tamil Nadu followed with 12 such deaths and Andhra Pradesh with
11. Other states which reported custodial deaths were Maharashtra (7),
Rajasthan (5), Madhya Pradesh (4), and 2 each from Assam, Chhattisgarh,
Haryana, Karnataka, Odisha, Punjab and Telangana. Bihar, Jharkhand and
Kerala also reported one custodial death each.

Of the total cases, magisterial inquiry was ordered in only 21 — eight in

Gujarat, five in Andhra, three in Tamil Nadu, two each in Punjab and
Rajasthan and one in Assam. While Section 176 (1A) of CrPC mandates
judicial iquiry in every case of custodial death, NCRB data shows it was
ordered only in 28 of the 70 cases — nine in Tamil Nadu, seven in
Maharashtra, five in Gujarat, four in MP and one each in Chhattisgarh and
Rajasthan.

Of the 46 incidents of people who were not on remand and died in police
custody, only in 29 incidents were criminal cases filed. Charge sheets were
filed in only five matters in which a total of 13 policemen were charge-sheeted
and 23 personnel were arrested, but not a single cop was convicted in any of
those cases. Of the total 24 deaths in police/judicial remand, 15 criminal cases
were registered but the accused were given a clean chit even before the
chargesheets were filed.

According to the NCRB, highest number of custodial deaths (32) happened

due to illness followed by suicides (17). Seven died while escaping and seven
due to injuries sustained earlier. Three deaths were reported due to injuries
caused by the police, one prisoner died in a road accident and the cause of
death of three prisoners could not be known.
 76
There were 89 cases of alleged human rights violations by police and in none
of them was anyone convicted. These included four encounters, 3 custodial
deaths, 3 cases of police torture, 17 of extortion by police personnel, an illegal
detention and 61 other cases.

https://www.thehindu.com/data/five-states-including-tamil-nadu-recorded-over-
100-custodial-deaths-but-zero-police-convictions-between-2001-
18/article31949326.ece

Data | Five States including Tamil Nadu recorded over 100 custodial
deaths but zero police convictions between 2001-18

Vignesh Radhakrishnan

2-3 minutes

The recent death of a father-son duo from Tamil Nadu, allegedly due to
custodial violence, has sparked anger across India.

While calls for a fair probe are growing, data show that between 2001 and
2018, only 26 policemen were convicted of custodial violence despite 1,727
such deaths being recorded in India. As most such deaths were attributed to
reasons other than custodial torture, only a few led to convictions.

Crime and punishment

Between 2001 and 2018, 1,727 persons died in police custody. This includes
both persons on police/ judicial remand and those just arrested and not
produced before court. Only 26 policemen were convicted in this period for
such deaths.
 77
Other reasons

Only 4.3% of the 70 deaths in 2018 were attributed to “injuries during custody
due to physical assault by police . The reasons recorded for the other deaths
included suicide and death in hospitals during treatment.

Hardly any convictions

The graph plots the number of custodial deaths against the number of
policemen convicted between 2001 and 2018. Except in Uttar Pradesh,
Madhya Pradesh, Chhattisgarh and Odisha, no policeman was convicted for
such deaths across the country.

Tamil Nadu, West Bengal, Gujarat, Andhra Pradesh and Maharashtra

recorded zero convictions despite recording more than 100 custodial deaths in
the period.

Getting away

Apart from custodial deaths, more than 2,000 human rights violation cases
were recorded against the police between 2000 and 2018. Only 344
policemen were convicted in those cases.

https://www.thehindu.com/news/national/five-custodial-deaths-in-india-daily-
says-report/article31928611.ece

Five custodial deaths in India daily, says report

Special Correspondent

3-4 minutes
 78

A total of 1,731 people died in custody in India during 2019. This works out to
almost five such deaths daily, according to a report by a rights group released
on Friday.

Timed with the International Day in Support of Victims of Torture, India:

Annual Report on Torture 2019 said 1,606 of the deaths happened in judicial
custody and 125 in police custody.

“Out of the 125 deaths in police custody, Uttar Pradesh topped with 14 deaths,
followed by Tamil Nadu and Punjab with 11 deaths each and Bihar with 10
deaths, said the report published by the National Campaign Against Torture
(NCAT).

The other States in that order are Madhya Pradesh with nine deaths; Gujarat
with eight; Delhi and Odisha with seven each; Jharkhand with six;
Chhattisgarh, Maharashtra and Rajasthan with five each; Andhra Pradesh and
Haryana with four each; Kerala, Karnataka and West Bengal with three each;
Jammu and Kashmir, Uttarakhand and Manipur with two each; and Assam,
Himachal Pradesh, Telangana and Tripura with one each.

The Tripura case was that of Mangal Das who died in Gomati district s Radha
Kishorepur police lock-up on October 31, 2019. Former Chief Minister Manik
Sarkar had on June 21 listed his death among the four — three this year — in
a letter to Chief Minister Biplab Kumar Deb.

Of the 125 cases in police custody, 93 persons (74.4%) died due to alleged
torture or foul play, while 24 (19.2%) died under suspicious circumstances in
which the police cited suicide (16), illness (seven) and injuries (one). The
reasons for the custodial death of five others (4%) were unknown, the report
said.
 79
“Torture methods used in 2019 included hammering iron nails in the body
(Gufran Alam and Taslim Ansari of Bihar), applying roller on legs and burning
(Rizwan Asad Pandit of Jammu and Kashmir), falanga wherein the soles of
the feet are beaten (Rajkumar of Kerala), stretching legs apart in opposite side
(Rajkumar of Kerala), and hitting in private parts (Brijpal Maurya and Lina
Narjinari of Haryana), said NCAT director Paritosh Chakma.

The other methods of torture included electric shock, pouring petrol or

applying chilli powder on private parts, beating while handcuffed, pricking
body with needles, branding with a hot iron rod, beating after stripping,
urinating in mouth, inserting a hard blunt object into anus, beating after
hanging upside down with hands and legs tied, forcing to perform oral sex,
pressing finger nails with pliers, beating with iron rods after victim is
suspended between two tables with hands and legs tied, and kicking the
abdomen of a pregnant woman.

The NCAT s analysis also revealed 75 (60%) of these 125 belonged to the
poor and marginalised communities. They included 13 from Dalit and tribal
communities and 15 were Muslims, while 35 were picked up for petty crimes.
Three of them were farmers, two security guards, two drivers, a labourer, a
rag-picker and a refugee.

Women continued to be tortured or targeted for sexual violence in custody and

the victims often belonged to the weaker sections. During 2019, the death of
at least four women in police custody was reported, the NCAT said.