My relative died in Bikaner police custody with injury marks. How do I seek justice and compensation?
ME Asked by Meera Krishnan from India
Quick Answer
Custodial death violates Article 21 and the Supreme Court guidelines in Nilabati Behera (1993) and D.K.
Detailed Legal Analysis
Custodial death violates Article 21 and the Supreme Court guidelines in Nilabati Behera (1993) and D.K. Basu (1997) require mandatory judicial inquiry, intimation to the NHRC within 24 hours, and compensation.
File an FIR against the responsible police officers under Section 103 BNS, 2023 (murder) and Section 104 BNS (causing death by negligence). Inform the NHRC, State Human Rights Commission, and the DGP in Rajasthan.
Approach Rajasthan High Court under Article 226 for a writ directing an independent investigation, CBI probe, and compensation. The body must be preserved for a post-mortem by a forensic team as evidence.
Preserve the injury photographs, post-mortem report, and witness statements. Refer to Rajasthan Rent Control Act 2001 for any state police accountability statute in Rajasthan.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.