State issues SOP on custodial deaths

The new rules require a post-mortem to be conducted by a panel of at least three expert doctors. The inquest must be audio-visually recorded, while biological and chemical samples must be preserved for forensic examination

MUMBAI: The Maharashtra government on Tuesday issued a standard operating procedure (SOP) to prevent custodial deaths and guidelines for the investigation of deaths in police custody. All custodial death cases in Mumbai will henceforth be investigated by the Crime Branch, while the Crime Investigation Department (CID) will investigate these cases elsewhere in the state.

State issues SOP on custodial deaths

The new rules require a post-mortem to be conducted by a panel of at least three expert doctors. The inquest must be audio-visually recorded, while biological and chemical samples must be preserved for forensic examination, according to the new SOP.

It also requires the officer in charge of the police station concerned to secure the custody area and scene of occurrence to ensure that evidence is not tampered with. The officer must also arrange for identification of the deceased and promptly register the incident as an accidental death in the Crime and Criminal Tracking Network and Systems (CCTNS) system.

CCTV footage from the police custody area, the police station, and the scene of occurrence must be preserved without tampering. The new rules also state that in accordance with strict court orders, it is mandatory to have a hard disk and server system capable of storing CCTV footage for a minimum 18 months.

Investigating officers have been instructed to seize original records relating to the arrest. Statements of visitors, complainants and other witnesses present at the police station from the time of arrest until the death must be recorded. Mobile phone records of police personnel concerned should also be examined wherever custodial assault is suspected.

If a custodial death is found to have occurred due to police negligence, the deceased’s legal heirs will receive financial assistance of ₹1 lakh. The compensation will be increased to ₹1.50 lakh if a criminal case is registered against the police officer concerned or personnel.