3.18 The Commission notes that there has not been a marked increase in the overall number of custodial deaths reported to it in 1998-99 when compared to the previous year. It further notes that the number of deaths in police custody as reported to it has shown a decline in a number of states, with Gujarat, brala, Meghalaya, Rajasthan, West Bengai and Delhi being exceptions and a marginal increase also being reported in Andhra Pradesh, Arunachal Pradesh. Assam, Karnataka, Madhya Pradash, Maharashtra, Punjab, Tamil Nadu and Pondicherry. The Commission is of the view that the increase in the reports of deaths in judicial custody is the result of a more rigorous and better response to its repeated instructions that information regarding such tragic occurrences must not be suppressed, but must be reported-promptly, and investigated and acted upon thereafter. The Commission would like to recapitulate and reiterate certain of the recommendations made in its earlier reports on the issue of custodial violence as these are still relevant and are yet to be implemented. 3.19 Early action needs be taken on the suggestion of the Indian Law Commission (ILC) to the effect that a Section 114(B) be inserted in the Indian Evidence Act 1872 to introduce a rebuttable presumption that injuries sustained by a person in police custody may be presumed to have been caused by a police officer. Section 197 of the Code of Criminal Procedure needs to be amended, on the basis of kc's recommendation, to obviate the necessity for governmental sanction for the prosecution of a police officer, where a prima facie case has been established, in an inquiry conducted by a Sessions Judge of the commission of a custodial offence. As suggested by the National Police Commissian, there sholrld be a mandatory inquiry by a Sessions Judge in each case of custodial death, rape or grievous hurt. 3.20 The memorandum of action taken, submitted by the Central Goverrment on the 199697 annual report, indicated that these recommendations were still being processed. In the absence of any further indication of progress, the Commission strongly urges the Government to give priority to the implementation of these recommendations. 3.21 In earlier reports, the Commission has drawn attention to the detailed instructiors of the Supreme Court h the cases of Joginder Singh vs the State of Uttar Pradesh and D.K. Basu vs. the State of West Bengal. Meticulous attention needs to be paid both by the Central as well as the Stab Governments to the directions of the Supreme Court in both of t b s e cases. The Commission accordingly urges fullest compliance with the instructions contained in these landmark decisions, .