 Please subscribe to this YouTube channel mentor, talk and do press bell button for notifications. Well, legal implications surrounding the custodial death have been in the news for a while. Today let me try to acquaint you about the law and policy regarding the subject of custodial death. The Indian law provides for a magisterial inquiry in relation to the custodial death. Section 176 of the Code of Civil Procedure directly deals with this eventuality. Section 176 subsection 1 of CRPC provides that a magistrate who has jurisdiction to hold inquests regarding an unnatural death may hold an inquiry into the cause of death and this will be in addition to the investigation held by the police officer. This provision grants the executive magistrate or the judicial magistrate the discretion to hold such an inquiry. This is section 176.1 of CRPC I was talking about. Then there is section 176.1A which is a special provision while the previous provision of 176.1 is a general provision. Section 176.1A deals with the cases of death, disappearance or rape in police custody. The provision empowers and mandates the judicial magistrate or the metropolitan magistrate within whose local jurisdiction the offence has been committed to mandatorily hold an inquiry in addition to the inquiry or investigation held by the police in the cases of death, disappearance or rape in the police custody. The fundamental ingredients of this special provision of 176.1A which makes it so special and different from the general section are that this inquiry is not an executive magistral inquiry but a judicial inquiry by a judicial magistrate and it goes parallel with the police investigation, not in addition, it goes parallel with the police investigation and finally it is mandatory inquiry, yes. Within 24 hours of the death of the person in the police custody, the magistrate conducting inquiry in respect thereof is obligated to forward the body for examination to the nearest civil surgeon. If that is not possible for some reason or reasons, that reason or reasons must be recorded in writing by the magistrate. Apart from the self-provision of law, the National Human Rights Commission of India, NHRC in short, has also issued guidelines for a magistrial inquiry which expect the magistrate to inquire into the circumstances of death, the manner and the whole series sequence of incidents needing to the death, the cause of death, any person found responsible for the death or suspicion of any foul play which may emerge back your pardon during the inquiry and even commission or mission on the part of public servants that contributed to the death in the police custody. Adequacy of medical treatment provided to the deceased is also an important factor to be considered. Further NHRC requires that within 24 hours of the incidents of any custodial death, the National Human Rights Commission must be given formal invitation in respect thereof and the magistrial inquiry must be concluded within two months of the incident. With all inquiry reports, post-mortem reports, videography etc sent to the commission. I feel that's all for the time being. Hope you found this video to be informative.