Jharkhand High Court Demands Clarity on 450 Custodial Deaths

The Jharkhand High Court has requested detailed clarification from the state government regarding judicial inquiries into nearly 450 custodial deaths reported between 2018 and 2025. The court’s directive comes in response to information provided by the state Home Department, which failed to specify whether judicial magistrate inquiries were conducted in each case.

This inquiry falls under the provisions of section 176(1-A) of the Criminal Procedure Code (CrPC), which mandates that judicial inquiries be performed for deaths or disappearances occurring in police or court-authorized custody. The court also referenced provisions in section 196 of the BNSS that reinforce these requirements.

A Public Interest Litigation (PIL) filed in 2022 had previously drawn attention to over 160 custodial deaths between 2018 and 2022. This prompted the court to seek updated data extending to 2025. The court has instructed the Home Secretary to submit an affidavit detailing the number of cases that underwent judicial inquiries and to identify instances where such inquiries were not conducted.

The court emphasized the necessity of determining the causes of death and ensuring compliance with guidelines set forth by the National Human Rights Commission (NHRC). Advocate Md Shadab Ansari, representing the petitioner, argued that despite existing statutory mandates, these provisions have not been effectively implemented in Jharkhand. He claimed that deaths in police custody are frequently underreported, with authorities often attributing such incidents to escapes or suicides.

State counsel Gaurav Raj clarified that the court’s examination focuses on whether magisterial inquiries were conducted for all reported custodial deaths. He noted that the term “Magistrate” could refer to either a Judicial or Executive Magistrate, as per the stipulations of the CrPC and BNSS.

The court’s scrutiny reflects a significant concern regarding accountability in custodial deaths. By seeking clarity on the compliance of judicial inquiries, the Jharkhand High Court aims to uphold human rights and ensure that due process is followed in cases involving state custody.

As the situation unfolds, the court’s actions highlight the ongoing challenges and responsibilities of the state in addressing custodial deaths, which remain a critical issue in the realm of human rights and justice in India.