In India, the investigation of custodial death is mandatory under which provision, and which independent authority must be notified within 24 hours of the death occurring in judicial custody?

• A Section 174 CrPC; the District Magistrate must order a post-mortem within 24 hours
• B Section 302 IPC; the Sessions Court is automatically seized of the matter
• C Prevention of Torture Act 2017; the State Human Rights Commission is notified within 48 hours
• D Section 176 CrPC (now Section 194 BNSS); the Judicial Magistrate must conduct an inquiry and the National Human Rights Commission (NHRC) must be notified within 24 hours ✓

Explanation

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 Section 194 (previously CrPC Section 176), an Executive or Judicial Magistrate must hold an inquiry into any death in police custody or judicial custody. The Supreme Court in D.K. Basu v. State of West Bengal (1997) mandated that the NHRC must be notified within 24 hours of a custodial death. The NHRC investigates deaths in judicial and police custody. India has not enacted a Prevention of Torture Act; the Prevention of Torture Bill lapsed.

Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.

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