Jharkhand HC Makes Judicial Probe Mandatory in All Custodial Death and Rape Cases

Ranchi (IANS): The Jharkhand High Court on Thursday made judicial inquiries compulsory in every custodial death and custodial rape case in the state, delivering a landmark ruling on a public interest litigation.

A Division Bench comprising Chief Justice M. S. Sonak and Justice Rajesh Shankar directed that any death or rape occurring in police custody or jail custody must undergo a judicial inquiry without exception.

The court held that such inquiries are mandatory under Section 196(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the corresponding provision under Section 176(1A) of the erstwhile Criminal Procedure Code (CrPC).

Until now, the Jharkhand government had been relying on Executive Magistrates to investigate custodial deaths and rape cases, treating judicial inquiries as optional. The High Court’s ruling changes that practice and makes judicial probes mandatory across the state.

The bench also directed Jharkhand Legal Services Authority (JHALSA) to frame a Standard Operating Procedure (SOP) in line with guidelines issued by the National Human Rights Commission to ensure fair, impartial and proper investigations.

During the hearing, records submitted by the state government revealed that nearly 250 custodial death cases did not undergo judicial inquiry.

Taking serious note of the lapse, the court directed District Judges to submit detailed reports directly to the High Court explaining why judicial inquiries were not conducted in those cases.

Earlier, an affidavit filed by the state Home Secretary disclosed that around 500 deaths occurred in police and jail custody in Jharkhand between 2018 and 2025. Judicial inquiries were not conducted in nearly half of those cases.

Following these disclosures, the High Court took a strict view and reserved its verdict after hearing arguments from both sides.

The petitioner, Mohammad Mumtaz Ansari, was represented by advocate Shadab Ansari, who submitted written arguments along with several judgments of the Supreme Court of India and NHRC guidelines. Based on these submissions, the High Court delivered what is being seen as a historic ruling.