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10 Feb 2021

MHA States Mandatory Magisterial Inquiry In Every Custody Death

As per latest reports coming in from Ministry of Home Affairs which in a statement in Rajya Sabha has said that National Human Rights Commission (NHRC) has issued an order dated 04.09.2020 for a mandatory judicial magistrate inquiry into every case of death in Police custody or other custody.

As per reports NHRC has authorised judicial magistrate inquiry by the court, in view of Section 176(1A) of Code of Criminal Procedure as per sources by MHA in Rajya Sabha.

As per Constitution's 7th Schedule, 'Police' and'Public Order' are State subjects. It's for States-UTs to see provisions of law are followed in letter & spirit.

MHA replied to 'whether Govt would issue instruction to all States-UTs to probe all cases of custodial death, encounter'.

As per National Crime Records Bureau report published in 2019, 1948 persons were arrested under UAPA in the year. 

Total no. of persons arrested & persons convicted in 2016 and 2019 under UAPA are 5922 & 132 respectively.

As per reports MoS Home G Kishan Reddy in a written reply in Rajya Sabha has informed that there is decline in persons arrested & persons convicted in 2016 and 2019.

For Central Armed Police Forces, namely Assam Rifles, BSF, CISF, CRPF, Indo Tibetan Border Police, Sashastra Seema Bal (SSB) & National Security Guards (NSG).

Govt has been implementing Modernisation Plan-III since 2018 with the total outlay of Rs 1053 Crores as per MHA in Rajya Sabha.

All State Govts, including UP Govt, have been been availing funds under ASMP (Assistance to States for Modernisation of Police) scheme. 

Amounts released to UP Govt are Rs 118.67 cr & Rs 64.81 cr against allocation of Rs 68.39 cr & Rs 63.19 cr during '18-19 & '19-20 respectively as per MHA in Rajya Sabha.

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