Lok Sabha Question No. 1273 (UNSTARRED), answered on 2021-02-09
Subject: Deaths in Police Custody
Ministry: HOME AFFAIRS
Asked by: Sougata Ray

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO. 1273

TO BE ANSWERED ON THE 9 TH  FEBRUARY, 2021/ MAGHA 20, 1942 (SAKA)

DEATHS IN POLICE CUSTODY

1273. PROF. SAUGATA RAY:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) the number of deaths in police custody in the country since the last three years, State-wise;

(b)  whether  the  Government  has  taken  action  against  the  police  officers responsible for such cases;

(c) if so, the details thereof;

(d)  whether  such  cases  will  be  handed  over  to  National  Investigation Agencies; and

(e) if so, the details thereof?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI G. KISHAN REDDY)

(a):-State/UT wise number of cases of deaths registered in police custody received from the National Human Rights commission (NHRC) are indicated in the statement at Annexure.

(b) to (e):-As per Seventh Schedule of the Constitution of India, 'Police' and

'Public  Order'  are  State subjects and the responsibility for maintaining law

## L.S.US. Q.No. 1273 FOR 09.02.2021

and order, including investigations, registration and prosecution of crimes, conviction  of  the  accused,  etc.  rests  primarily  with  the  respective  State Governments. Disciplinary action against erring police personnel is taken by respective State Governments as per extant rules and procedures.

The NHRC has issued guidelines/procedures, from time to time, to be followed in cases of custodial deaths. As per these guidelines laid down by the NHRC, every death in police or judicial custody is to be reported within 24  hours  of  its  occurrence  to  the  NHRC.  The  Commission  also  calls  for various  reports  such  as  inquest,  post  mortem  report,  magisterial  enquiry report, viscera report etc. for ascertaining foul play or negligence, if any, by public servants, which resulted in the death in custody.

The Government of India has also issued guidelines regarding various aspects of custodial  deaths  to  all  State  Governments  and  Union  Territory Administrations to sensitize the functionaries at State, District and Subordinate  levels  to  follow  and  adhere  to  the  law  of  the  land  and  the guidelines issued by the NHRC.

******

Annexure Statement  in  respect  of  part  (a)  of  LokSabha  unstarred  Question  no.  1273  due  for 09.02.2021 showing State/UT wise number of cases registered of deaths in Police custody for the last three years

| Sr.No.   | State/UT Name       |   2017-2018 |   2018-2019 |   2019-2020 |
|----------|---------------------|-------------|-------------|-------------|
| 1        | ANDHRA PRADESH      |           2 |           5 |           3 |
| 2        | ARUNACHAL PRADESH   |           3 |           2 |           0 |
| 3        | ASSAM               |          11 |           5 |           2 |
| 4        | BIHAR               |           7 |           5 |           5 |
| 5        | GOA                 |           0 |           0 |           0 |
| 6        | GUJARAT             |          14 |          13 |          12 |
| 7        | HARYANA             |           7 |           7 |           3 |
| 8        | HIMACHAL PRADESH    |           2 |           1 |           4 |
| 9        | JAMMU &KASHMIR      |           0 |           0 |           0 |
| 10       | KARNATAKA           |           4 |           7 |           4 |
| 11       | KERALA              |           3 |           3 |           2 |
| 12       | MADHYA PRADESH      |           7 |          12 |          14 |
| 13       | MAHARASHTRA         |          19 |          11 |           3 |
| 14       | MANIPUR             |           1 |           3 |           2 |
| 15       | MEGHALAYA           |           2 |           0 |           1 |
| 16       | MIZORAM             |           1 |           1 |           1 |
| 17       | NAGALAND            |           0 |           0 |           0 |
| 18       | ODISHA              |           4 |           4 |           6 |
| 19       | PUNJAB              |          10 |           5 |           6 |
| 20       | RAJASTHAN           |           3 |           8 |           5 |
| 21       | SIKKIM              |           0 |           0 |           0 |
| 22       | TAMIL NADU          |          11 |          11 |          12 |
| 23       | TRIPURA             |           1 |           0 |           1 |
| 24       | UTTAR PRADESH       |          10 |          12 |           3 |
| 25       | WEST BENGAL         |           5 |           5 |           7 |
| 26       | ANDAMAN & NICOBAR   |           0 |           0 |           1 |
| 27       | CHANDIGARH          |           0 |           0 |           0 |
| 28       | DADRA& NAGAR HAVELI |           0 |           0 |           0 |
| 29       | DAMAN&DIU           |           0 |           0 |           0 |
| 30       | DELHI               |           7 |           8 |           9 |
| 31       | LAKSHADWEEP         |           0 |           0 |           0 |
| 32       | PUDUCHERRY          |           0 |           0 |           0 |
| 33       | CHHATTISGARH        |           3 |           3 |           3 |
| 34       | JHARKHAND           |           6 |           3 |           2 |
| 35       | UTTARAKHAND         |           0 |           2 |           1 |
| 36       | TELANGANA           |           3 |           0 |           0 |
|          | TOTAL               |         146 |         136 |         112 |