Custodial killings 'worst kind of crime': Fresh probe ordered in over 260 cases, Pg9

Key Highlights:

• The Jharkhand High Court has ordered fresh judicial inquiries into 262 custodial death cases from 2018-2026 where inquiries were improperly conducted by Executive Magistrates.
• The court observed that 427 custodial deaths were reported in Jharkhand between 2018 and 2026.
• The court cited Section 196(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), mandating judicial inquiries for custodial deaths.
• The High Court termed custodial deaths a “profound failure of the constitutional machinery” and a violation of the right to life with dignity.

Detailed Insights:

• The Jharkhand High Court is addressing a Public Interest Litigation (PIL) filed regarding custodial deaths, highlighting the importance of upholding constitutional rights even for those accused or convicted of crimes.
• Section 176(1-A) of the Code of Criminal Procedure (CrPC), introduced in 2006, was replaced by Section 196(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which maintains the mandate for judicial inquiries in custodial death cases to ensure impartiality.
• The court criticized the state government's data on custodial deaths, pointing out mathematical discrepancies that raise concerns about the accuracy and diligence in maintaining records.
• The High Court emphasized that bypassing mandatory judicial inquiries in favor of executive processes constitutes "administrative lawlessness," potentially leading to increased custodial deaths and impunity for perpetrators.

Key Concepts Involved:

• Custodial Death: Death of a person while in the custody of police or judicial authorities.
• Judicial Inquiry: An investigation conducted by a judge or magistrate to determine the facts of an incident.
• Executive Magistrate: An officer of the executive branch of government with limited judicial powers.
• Bharatiya Nagarik Suraksha Sanhita (BNSS): New criminal procedure code of India that will replace the Code of Criminal Procedure (CrPC).