Jharkhand High Court Seeks Details On Judicial Inquiries In 437 Custodial Deaths; Says Magistrate Probe Mandatory U/S 176(1-A) CrPC

The Jharkhand High Court has emphasised that Section 176(1-A) of the CrPC (now Section 196 of the BNSS) mandates a judicial inquiry by a Magistrate in every case of death, disappearance, or rape in police or judicial custody, and sought details after the State disclosed that 437 such custodial deaths occurred between 2018 and 2025, with no clarity in most cases whether the mandatory judicial inquiry was conducted.A Division Bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar was hearing a public interest litigation seeking directions to ensure compliance with the statutory mandate requiring judicial inquiry in all cases of custodial death, disappearance, or custodial rape.The Court noted that an affidavit filed by Mrs. Vandana Dadel, Principal Secretary, Department of Home, Prison and Disaster Management, Government of Jharkhand, enclosed a chart indicating that 437 persons had died in police or judicial custody between 2018 and 2025. While the chart mentioned whether the death was reported to the Magistrate, it did not provide details in most cases as to whether the mandatory judicial inquiry under Section 176(1-A) CrPC was actually conducted.The matter has been pending for some time, with the High Court previously granting multiple opportunities to the State to file a comprehensive affidavit disclosing full details of compliance with the statutory requirement.Emphasising the object of the provision, the Court noted that Section 176(1-A) CrPC specifically requires that, in addition to police investigation, an independent judicial inquiry must be conducted by the jurisdictional Judicial Magistrate in cases of custodial death, disappearance, or rape, to ensure transparency and accountability in such cases. The Court noted:“Therefore, information about whether any inquiry was held by the Judicial Magistrate in relation to these 437 deaths is crucial. We thus direct the Home Secretary, Government of Jharkhand, to file an affidavit providing this information. If no inquiry is held by the Judicial Magistrate in addition to the inquiry or the investigation held by the police, the details of such cases may be disclosed in the said affidavit. The affidavit must also address compliance with the corresponding provisions of the BNSS. This is because the data supplied includes deaths in custody from 2023 to 2025.”The High Court further directed that the affidavit to be filed by the State must also indicate whether the National Human Rights Commission (NHRC) Guidelines were followed in cases of custodial death. The Court observed that the affidavit and the chart presently placed on record were unclear as to whether the cause of death had been determined solely by the police authorities or whether an independent judicial inquiry, as mandated under law, had been conducted. It emphasised that, considering the large number of custodial deaths, it was essential to ascertain whether statutory safeguards intended to rule out foul play had been duly complied with.Accordingly, the Court directed the Home Secretary, Government of Jharkhand, to file a comprehensive affidavit containing full particulars on or before March 13, 2026. The matter has now been listed for further consideration on March 19, 2026.Title: Md. Mumtaz Ansari v. State of Jharkhand, through Chief Secretary, Ranchi & OthersCase Number: W.P. (PIL) No. 1218 of 2022Appearance: Md. Shadab Ansari appeared for the Petitioner. Mr. Gaurav Raj appeared for the State.Click Here To Read/Download Order

Jharkhand High Court Seeks Details On Judicial Inquiries In 437 Custodial Deaths; Says Magistrate Probe Mandatory U/S 176(1-A) CrPC

Rushil Batra

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