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SC asks Centre, states why Section 176 (IA) is not being properly implemented

The Supreme Court on Friday sought a response from Centre and states on a petition by human rights activist Suhas Chakma for the implementation of Section 176(1A) of the CrPC.

Section 176(1A) of the CrPC states “it is mandatory to conduct judicial inquiry in cases of death, disappearance or alleged rape in police, judicial custody”.

The plea said ensuring judicial probes into loss of life or vanishing of a person or alleged sexual assault in detention is definitely an arduous challenge and a daunting political fight, in spite of the law providing for mandatory judicial inquiries into such malpractices.

“Death or disappearance of persons not remanded to police custody by court is nothing but murder/killing of the defenceless citizens/persons who have appeared after being summoned by the police or already taken into custody,” said the plea.

—India Legal Bureau

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