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Annual Report 2022-23
authori es to analyse the common risk factors and create
a general profile that could be used to iden fy situa ons
that present the highest risk. The key to iden fying
poten ally suicidal behaviour in prison inmates is through
inquiry during intake screening/assessment and other
high-risk periods of incarcera on. Based on the ini al
screening assessment, a suicide profile can be developed
to target high-risk groups and situa ons. The Commission
is of the view that such an exercise has not been done in
the instant case.
The Commission further stated that while considering a
ma er concerning the payment of compensa on to NoK
of deceased prisoners in jails of Haryana, it had decided
that the compensa on policy framed by the Haryana
Government (Jail Department) appeared to be appropriate compensa on to be awarded in such cases by the
State Government. The Haryana Government had on its
own decided to pay Rs. 7,50,000/- (Rupees Seven Lakh
and Fi y Thousand only) when the death of an inmate
happens due to a quarrel among prisoners, due to
torture/ bea ng by prison staff, due to negligence in duty
by prison officers/officials, and due to negligence by
medical officers/paramedical staff. In cases of suicide by
an inmate, Rs. 5,00,000/- (Rupees Five Lakh only) would
be paid. Based on the above, the Commission confirmed
its recommenda on for the payment of Rs. 3,75,000/(Rupees Three Lakh Seventy-five Thousand only) to the
NoK of the deceased. In pursuant to the direc on of the
Commission, the Inspector General of Correc onal
Services, West Bengal, vide a communica on dated 20
September 2022, submi ed a compliance report along
with proof of payment of Rs. 3,75,000/- (Rupees Three
Lakh Seventy- five Thousand only) to the NoK of the
deceased. The Commission considered the report and the
instant case was closed on 03 October 2022.
3.) Custodial death of an under-trial prisoner due to
injuries inflicted by another inmate in District Jail,
Bhojpur (Arah), Bihar.
(Case No. 3766/4/6/2014-JCD)
The Commission received an in ma on dated 07 October
2014, regarding the death of an UTP while he was in the
custody of District Jail Bhojpur (Arah), Bihar, on 02
October 2014. The Commission took cognizance of the
ma er and called upon the authori es concerned to
submit the requisite reports. Pursuant to the same, a
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detailed enquiry report was submi ed by the Superintendent of Central Jail Buxar, which revealed that the
deceased, who was incarcerated in District Jail Arah,
Bhojpur, visited the jail dispensary's OPD for medica on
on 02 October 2014. Another inmate assaulted him by
striking him on the head with the handle of a hand pump.
The deceased was immediately transported to the
hospital, but unfortunately, he succumbed to his injuries
at PMCH, Patna on the same day. A criminal case was
registered at City Police Sta on, Arah in connec on with
this incident. The inquest report indicated that the
deceased suffered a head injury. The post-mortem report
confirmed that the cause of death was a head injury
caused by a hard and blunt object, along with its complicaons. These injuries were determined to be antemortem
in nature.
The magisterial inquiry into this ma er was conducted by
Addi onal Chief Judicial Magistrate, Arah. During the
inquiry, the Magistrate examined relevant records and
witnesses, including the deceased's wife, who confirmed
the presence of an injury mark on her husband's head.
The inquiry magistrate concluded that the death of the
deceased was a result of the head injury. The Commission
opined that based on the available facts, it was evident
that the deceased was assaulted by a fellow inmate within
the jail premises (specifically, in the OPD of the jail
dispensary), resul ng in a fatal head injury caused by the
handle of a hand pump. The Commission observed that
the deceased lost his life while in the custody of the State
of Bihar. Had the jail staff strictly monitored the ac vi es
of the inmates and exercised heightened vigilance, the life
of the deceased could have been preserved. Under these
circumstances, the Commission issued a show cause
no ce to the Chief Secretary, Government of Bihar, as to
why a compensa on of rupees five lakh should not be
recommended to be paid to the NoK of the deceased.
In response, the Commission received a reply from the I.
G. Prisons, Bihar, sta ng that the case was registered and
pending before the District and Sessions Judge, Bhojpur,
Arah. The Bihar Human Rights Commission had also
concluded the case. It was men oned that an inquiry was
conducted by the Jail Superintendent, Buxar, to determine how the accused obtained the handle of a borewell,
and a response from the In-charge Deputy Superintendent was awaited. A high- power Commi ee comprising
three individuals was established to conduct the inquiry,
Chapter 7 - Thematic Areas