NATIONAL HUMAN RIGHTS COMMISSION, INDIA x. It has been suggested the period of cognizance under section 6(1) should be any time within custody period and extending up to six months from the date of discharge and release, including parole and furlough. Also, the provision of cognizance in the bill can be aligned to that of the CrPC’s mandate. xi. Under S9(5) it has been suggested that the State shall ensure proper medical examination of every person remanded to custody in jail and at the time of release, and the report of such medical examination shall be transmitted to the concerned trial court. xii. Under S10 (2), denial of anticipatory bail to Public Servant is not reasonable and is tantamount to denial of his/her basic human rights. xiii. Article 3 of UNCAT relating to extradition of persons needs to be added to the Bill. Article 3: a. No State Party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. b. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights. Xiii. As regards the issue of providing civilian oversight to prevent torture in custody, Jail Visitors Board in prison/ Jail provide for such mechanism and the same should be effectively implemented. Xiv. SOP for independent tool of investigation must be duly adopted and incorporated in day to day functioning of the police and prison authorities. xiv. D. In cases of complaints against torture, investigation should be done by an officer of a rank higher than that of the accused. CONDITIONS IN PRISONS Visits to Jails 4.16 Under the provision of Section 12(c) of PHR Act 1993, of Commission in order to study the living conditions of the inmates, the Commission can visit any jail or other institution under the control of the state govt. where persons are detained or lodged for the purpose of treatment, reformation or protection. Accordingly, Special Rapporteurs appointed by the Commission undertake visit to various jails in the country and facilitate the Commission in discharging its sensitive and demanding responsibilities by making suggestion/recommendations after observing the conditions prevailing. 74 ANNUAL REPORT 2018-19