The Jharkhand High Court has directed the state government to file a detailed affidavit clarifying whether mandatory judicial inquiries were conducted in nearly 450 custodial deaths reported between 2018 and 2025. This order came during a hearing on a public interest litigation filed in 2022. The court emphasized the need to ensure compliance with legal safeguards to rule out foul play.
The Jharkhand High Court has sought clarity from the state government on nearly 437 deaths in police and judicial custody reported between 2018 and 2025. A Division Bench of Chief Justice M S Sonak and Justice Rajesh Shankar issued this direction during a hearing on a public interest litigation filed in 2022. The petition annexed responses to a question raised in the state legislature, showing over 160 custodial deaths from 2018 to 2022.
The court referred to Section 176(1-A) of the CrPC, which mandates an inquiry by a Judicial Magistrate in cases of death or disappearance in police or court-authorised custody, in addition to the regular police investigation. The Bench also noted the provisions under Section 196 of the BNSS, which provide similar safeguards. It directed the Home Secretary to file an affidavit specifying in how many cases judicial inquiries were conducted, including details where they were not held. The affidavit must also clarify compliance with BNSS for deaths from 2023 to 2025, the nature and cause of each death, and adherence to National Human Rights Commission (NHRC) guidelines.
"All this is necessary because the affidavit filed or the chart accompanying the affidavit is not clear whether the cause of death has been determined by the police authorities themselves or whether the same is a result of any judicial inquiry as is contemplated under the law," the court observed.
Advocate Md. Shadab Ansari, appearing for the petitioner, stated, "When the broader data was placed, it showed that the number is extremely high, close to 450 deaths in police and judicial custody across Jharkhand." He alleged that police custody deaths are underreported, as authorities often disown cases by claiming escapes or other versions.
State counsel Gaurav Raj submitted that the court is examining whether magisterial inquiries were conducted and that clarification is needed on whether 'Magistrate' under CrPC and BNSS refers exclusively to a Judicial Magistrate or includes an Executive Magistrate. The High Court has set March 13, 2026, as the deadline for the detailed affidavit, with the next hearing on March 19.
