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Report No. 154

46. Insertion of new section 176A: Inquiry by Magistrate into custodial injury

Do you agree with the recommendation of the Law Commission in its 152nd Report on Custodial Crimes that the aggrieved person, on refusal to record the F.I.R. by the police officers should have a right to file a petition before the Chief Judicial Magistrate in the case of custodial injury or torture:

"(1) Any person (including Legal Aid Centre or NGO, any friend of relative) either directly or on being aggrieved by a refusal on the part of an officer-in-charge of a police station to record the information referred to in sub-section (3) of section 154 in cases relating to custodial offences, may file a petition giving the substance of such information before the Chief Judicial Magistrate, in case of custodial offences.

(2) The Chief Judicial Magistrate if satisfied, on a preliminary enquiry that there is a prima facie case, may himself hold enquiry into the complaint or direct some other Judicial Magistrate to hold enquiry and thereupon direct the officer of the Court to make a complaint to the competent court in respect of offence that may appear to have been committed.

(3) The Chief Judicial Magistrate may obtain the assistance of public servant or authority as he may deem fit in holding the enquiry under sub-section (2)"?

The Code of Criminal Procedure, 1973 Back

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