Jharkhand High Court Directs State's Home Secretary To File 'Personal Affidavit' On Number Of Custodial Deaths From 2018 Onwards
the Jharkhand High Court has directed the Secretary, Department of Home, Prison and Disaster Management, to file his personal affidavit regarding the number of cases of custodial deaths and whether the factum of death was brought to the notice of the concerned Magistrates for initiation of enquiry.Hearing a PIL seeking inquiry into the cases of custodial deaths from 2018, a division bench of...
the Jharkhand High Court has directed the Secretary, Department of Home, Prison and Disaster Management, to file his personal affidavit regarding the number of cases of custodial deaths and whether the factum of death was brought to the notice of the concerned Magistrates for initiation of enquiry.
Hearing a PIL seeking inquiry into the cases of custodial deaths from 2018, a division bench of Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar directed,
“The Secretary, Department of Home, Prison and Disaster Management, Government of Jharkhand, is directed to file his personal affidavit with regard to the number of cases of custodial death whether in prison or in judicial custody from the year 2018 onwards and also stating as to whether the factum of death was brought to the notice of the Magistrate so as to make an enquiry under Section 176 (1-A) of Cr.P.C or Section 196(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.”
The PIL was filed seeking a direction to the State to conduct judicial enquiry in every case of custodial death as per the mandate of section 176(1A) of CrPC or Section 196(2) of BNSS.
For reference— section 196(2) of BNSS, which corresponds to Section176(1A) of CrPC, enacts that the Magistrate shall conduct an inquiry, in addition to the inquiry or investigation conducted by the police, when any person dies or disappears in the custody of the police or in any other custody authorised by the Magistrate or Court.
Advocate Md. Shadab Ansari, who appeared for the petitioner, relied on a document of the State Legislature, wherein the Jharkhand government, in response to a question, admitted that between 2018 and 2021, around 166 custodial deaths occurred in Jharkhand.
The matter is now listed on 25.09.2025 for further hearing.
Case Details:
Case Number: W.P.(PIL) No. 1218 of 2022
Case Title: Md. Mumtaz Ansari v. The State of Jharkhand