Mumbai, July 28, 2026 (Yes Punjab News)
The Maharashtra government has issued a comprehensive Government Resolution (GR) introducing uniform statewide guidelines for investigating custodial deaths and strengthening safeguards to prevent such incidents.
The new framework consolidates directions issued by the Supreme Court, the National Human Rights Commission (NHRC), the State Human Rights Commission (SHRC), and incorporates provisions under the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA).
Under the guidelines, custodial deaths include fatalities occurring during both formal custody and constructive custody, where a person is detained for questioning without formal arrest. In cases of deaths in judicial custody, prison authorities will be responsible for informing the NHRC.
To ensure impartiality, investigations into custodial deaths in Mumbai will be conducted exclusively by the Crime Branch, while all such cases across the rest of Maharashtra will be handled by the State Crime Investigation Department (CID).
The GR lays down detailed procedures to be followed immediately after a custodial death. Police must secure the scene, register an Accidental Death case on the CCTNS portal, preserve CCTV footage, and notify the NHRC, SHRC and senior police authorities within 24 hours. Mandatory magisterial inquiries and inquests under the BNSS must also be conducted, with video documentation and participation of the deceased’s family members.
The government has also prescribed stringent forensic protocols. Post-mortem examinations must be carried out at designated government medical institutions by a panel of at least three expert doctors, with audio-video recording of the entire procedure. Forensic teams will document evidence through the eSakshya system, while digital evidence must be collected in accordance with the Bharatiya Sakshya Adhiniyam. Where allegations of police involvement arise, investigators may examine call detail records, subscriber records and location data of the officers concerned.
The resolution also reinforces preventive measures in line with Supreme Court directives. Police stations must install CCTV cameras with night vision and audio recording covering entrances, lockups, interrogation rooms, corridors and other critical areas, with footage preserved for up to 18 months. State and district-level oversight committees will monitor compliance through regular and surprise inspections.
Among other safeguards, suspects must undergo a medical examination before formal arrest, while those in police custody must receive medical check-ups every 48 hours. Individuals injured by members of the public are required to receive hospital treatment before being placed in police custody.
The government has also reiterated compensation norms for the families of custodial death victims. Legal heirs will receive ₹1 lakh if a CID inquiry establishes that the death resulted from police negligence. The compensation will increase to ₹1.5 lakh if a criminal case is registered against the police personnel concerned.
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