Steps after Custodial Death by the police
SUJEET PANIGRAHI
(Querist) 26 December 2010
This query is : Resolved
Hellow sir,
my self Sujeet Panigrahi. Cell No. 9438851524.
My quary is:-
one person died in police custody by hanging up himself, without any fault of the police. After the legal steps the dead body sent to the respective PS, for dispose of the body to the relatives. But the relatives denying to take the dead body, with an angreeness that the police killed their relative.
What can the next step of the police to dispose of the dead body, as per the guidelines of NHRC.
Waiting for a quick response.
Advocate. Arunagiri
(Expert) 26 December 2010
If no body comes forward to collect the dead body, the police is having all such powers to do Cremation.
But, you have to understand the feelings of the relatives. If the some body is in custody, it is not the duty of the police to protect him.
Normally the suicides committed in the police station are just because of the harassment done by the police.
I suggest that any of the relative should initiate prosecution on the concerned police station officers.
If you want I will do that, send me the details.
humanrights1963@yahoo.com
Devajyoti Barman
(Expert) 26 December 2010
The police after waiting for sometime and after trying to search the relative of the deceased may cremate the deadbody. This is permiissble under law.
Kirti Kar Tripathi
(Expert) 26 December 2010
I agree with Arun, Police authorities have full powers to do cremation in case no relative come forward to take body. The death of a person in police custody gives a presumption of police torture on the deceased. the action of police is liable to be prosecuted in accordance with law. Police could be charged with abatement to suicide or murder as the circumstance reveals.
s.subramanian
(Expert) 27 December 2010
I agree with M/s Arun and Kirti.
s.subramanian
(Expert) 27 December 2010
I agree with M/s Arun and Kirti.