Bombay High Court
Indian Centre For Human Rights And Law ... vs The State Of Maharashtra on 30 July, 2025
2025:BHC-AS:32413-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.7 OF 2008
N.R. Soni, Social Worker ....Petitioner
versus
The State of Maharashtra & Ors. ....Respondents
WITH
PUBLIC INTEREST LITIGATION NO.8 OF 2008
India Centre for Human Rights & Law ....Petitioner
versus
The State of Maharashtra & Ors. ....Respondents
_________
None for the Petitioners.
Ms. M.M. Deshmukh, APP for Respondent/State.
__________
CORAM: ALOK ARADHE, CJ. &
SANDEEP V. MARNE, J.
DATE : 30 JULY 2025.
P.C.:
1. These Petitions were filed highlighting the increasing trend of custodial deaths occurring both in the police stations as well as in the prisons across the State.
2. This Court has passed various orders from time to time directing adoption of various measures for curbing the number of custodial deaths.
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3. Today when the Petitions are called out for final hearing, none appears on behalf of the Petitioners. We have heard Ms. Deshmukh, the learned Additional Public Prosecutor appearing for the State.
4. For the purpose of appraising the Court about current status Ms. Deshmukh has placed on record two reports. The report dated 30 July 2025 is by Assistant Inspector General of Police (Law and Order) in respect of steps taken for reduction of custodial deaths in the police stations. Perusal of the said report would indicate that Closed-Circuit Television (CCTV) cameras have now been installed in all police stations in various rooms except the changing rooms. The report also indicates that as of now there is no facility of audio recording in the CCTV cameras and steps are being taken for installation of audio recording facilities in the CCTV cameras.
5. Report further indicates that Circular dated 9 September 2020 has been issued by the Director General of Police for taking various steps for avoiding custodial deaths in the police stations. The Circular enumerates the steps to be taken by the officials posted at the police stations.
6. The report further indicates that separate instructions are issued for conduct of inquest panchanama after occurring of custodial deaths. Ms. Deshmukh would submit that in view of amendment to the provisions of Section 176 of the Code of Criminal k Page No. 2 of 4 ::: Uploaded on - 31/07/2025 ::: Downloaded on - 31/07/2025 22:02:59 ::: k 3/4 205 207 cri pil 7.08 n 12.08 db as.doc Procedure, 1973 now the inquest panchanamas are conducted in presence of nearest Judicial Magistrate in all cases. The report places on record the Standard Operative Procedure (SoP) issued for the purpose of conduct of inquest panchanama.
7. The report would indicate that a separate SoP has been published for the purpose of curbing the custodial deaths occurring in the police stations.
8. The report also places on record the number of custodial deaths, which have occurred in police stations across the State from the year 2008 onwards. The figures indicate that there is substantial reduction in the number of custodial deaths.
9. A separate report in respect of steps taken for curbing custodial deaths in the prisons by Additional Director General of Police and Inspector General of Prisons and Correctional Services, Maharashtra State, Pune has also been placed on record. The said report also indicates installation of CCTV cameras in various parts of the prisons as well as measures adopted for the purpose of reduction of custodial deaths in the prisons. Various circulars issued from time to time as well as procedure for conduct of inquest punchanama under Section 176 of the Code of Criminal Procedure have also been spelt out in the said report.
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10. In view of various measures adopted for curbing custodial deaths both in the police stations as well as prisons, as well as reduction in the number of custodial deaths over the period of time, we deem it appropriate to dispose of both the Petitions by directing the Respondents to ensure strict adherance, to various circulars, instructions and SoPs issued from time to time.
11. Accordingly, we direct that the circulars, instructions and SoPs issued in respect of police stations as well as prisons are strictly to be adhered with.
12. We also hope and trust that the Respondent-Authority shall take all possible measures for the purpose of avoiding custodial deaths occurring in police stations and prisons. With the above directions, both the PIL Petitions are disposed of.
(SANDEEP V. MARNE, J.) (CHIEF JUSTICE)
Digitally
signed by
SUDARSHAN
SUDARSHAN RAJALINGAM
RAJALINGAM KATKAM
KATKAM Date:
2025.07.31
17:22:38
+0530
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