सव भव तु सिखनः ु • A nodal point may be set up to oversee the compliance by states in se ng up the Board of Visitors (BOV); • A net portal may also be created where the prison departments will upload the BOV inspecon visit reports for further delibera ons and ac on, and • Training of staff posted in prison that makes entries of informa on in the e-prison portal. 7.1.6 Illustra ve Cases 1.) Custodial death of an under-trial prisoner by hanging in District Jail, Darbhanga, Bihar. (Case No. 2050/4/10/2019-JCD) This ma er relates to an in ma on dated 18 July 2019, received by the Commission from the Superintendent of District Jail, Darbhanga, Bihar, regarding the custodial death of an undertrial prisoner on 18 July 2019. In response to the Commission's direc ons, the requisite reports in the ma er were received from the authori es concerned. It was observed that the deceased was admi ed to the jail on 24 January 2019 and had died by suicide at around 01:30 am in barrack No. 5 using a co on towel. The health screening report and medical treatment record revealed that the undertrial prisoner (UTP) was suffering from anxiety and insomnia and was receiving treatment for the same. The inquest report and postmortem report did not indicate any external injury on the deceased, except for a ligature mark on his neck. The postmortem report concluded that the cause of death was asphyxia due to hanging. A magisterial inquiry was conducted by a Principal Magistrate, Juvenile Jus ce Board, Darbhanga. During the inquiry, the magistrate inquired the jail authori es, jail doctors, autopsy doctor, inmates of the jail, and the rela ves of the deceased. Despite the allega ons of foul play and medical negligence made by the deceased's rela ves, the judicial magistrate concluded that the UTP had expressed his uneasiness to the jail authori es about staying in isola on. However, no ac on was taken, which ul mately led him to ending his life. The inquiry further revealed that the lack of light, non-func oning CCTV cameras, and delay in opening the cell by the jail authories curtailed the opportunity to save the UTP's life. The Chapter 7 - Thematic Areas inquiry concluded that the person died due to asphyxia resul ng from hanging. Based on the available records, the Commission, through its proceedings dated 25 March 2021, acted under Sec on 18 (a) (i) of the PHRA issued a Show Cause No ce to the Chief Secretary , Bihar, to jus fy why a recommenda on should not be made to pay compensa on of rupees two lakh to the NoK of the deceased. Pursuant to the Commission's direc on, the Inspector General, Home Department (Prisons), in a communica on dated 22 February 2022, informed that an amount of Rs. 2,00,000/(Rupees Two Lakh only) has been paid to the NoK of the deceased. Addi onally, departmental ac on was also ini ated against the delinquent public servants involved in the ma er. In view of the above developments, the case was closed on 09 May 2022. 2.) Custodial death of an under-trial prisoner by hanging (suicide) at Balurghat Central Correc onal Home, South Dinajpur, West Bengal. (Case No. 1226/25/18/2020-JCD) The ma er pertains to the suicidal death of an UTP, on 18 August 2020 due to hanging while he was in judicial custody at Balurghat Central Correc onal Home, South Dinajpur, West Bengal. The Commission, vide its proceedings dated 29 March 2022, observed that when a person is under the custody of the jail, the responsibility for their safety and security lies with the State. In case of any negligence or failure to provide the same by the jail authori es, the State becomes vicariously liable to pay compensa on. Pursuant to the direc ons of the Commis- sion, the Addi onal Secretary, Department of Correc onal Administra on, Govt. of West Bengal, vide le er dated 06 May 2022, replied that there was no lapse on the part of the Correc onal Home Authority or any foul play in the custodial death of UTP. It was further submi ed that the suicide took place in a toilet of a closed dormitory ward at 5:10 hrs., and due to privacy/ dignity of the inmate, it is not possible for any inmate or any duty warder to monitor the ac vity of a person inside a toilet The Commission considered the submission of the State Government, but was not inclined to accept the same because although the suicide was commi ed inside a toilet, there seemed to be a failure on the part of the jail 23