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MP High Court: Magistrate can name custodial death culprits
The Madhya Pradesh High Court has ruled that a Judicial Magistrate probing a custodial death can name those responsible, not just determine the cause. Justice Jai Kumar Pillai of the Indore bench…
The Story in Brief
The Madhya Pradesh High Court has ruled that a Judicial Magistrate probing a custodial death can name those responsible, not just determine the cause. Justice Jai Kumar Pillai of the Indore bench said Section 176(1-A) of the CrPC gives magistrates wider powers in such cases, including identifying persons whose acts or omissions may have led to the death.
The ruling came in a case involving prisoner Bheru, who died in Dhar district jail on February 27, 2023 after an alleged beating. The High Court dismissed petitions by the jail superintendent and doctors challenging the inquiry report and FIR, and directed an impartial investigation.
The Indian Opinion
This ruling cuts through a lazy narrative that custodial deaths are just 'unfortunate incidents' with no one to blame. Too often, inquiries limit themselves to medical causes while real perpetrators hide behind procedure. The court's interpretation of Section 176(1-A) puts accountability front and centre. The test now: will the investigating agency actually name names, or will this order gather dust like so many before it? The real question is enforcement, not jurisprudence.
Source: freepressjournal.in
This story was synthesised by AI from the source linked above.
