A Magistrate or Judge, before whom an arrested person is produced by the police for remand to custody, should be required to question the airested person specifically as to whether he has any complaint of ill treatment by the palice; if'he has such a complaint, the ~agistrateor ~udge-should have him medically examined immediately so that further appropriate action can be taken; * Supervisory ranks should eschew an 'essentially "statistical" approach in . evaluating police performance. Administrative reviews of a kiKdd'which encourage subordinate ranks to adopt "short-cut" methods to show "results" should be avoided; ' * Training institutions must pay special attention to the development of appropriate interrogation techniques and impart effective instruction to trainees in this respect. 3.34 In its last Annual Report the Commission had recommended early action on a suggestion of the Indian Law Commission (ILC), contained'in its 113th report, to the effect that a Sectioii-I 14(8) 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. The Commission also supported a recommendation of the lndian Law Commission that Section 197 of the Code of Criminal Procedure be amended to obviate the necessity of governmental sanction for the prosecution of a police officer where a prima facie case has been established, in an enquiry conducted by a Sessions Judge, of the commission'of a-custodial offence. Further, the Commission endorsed the view of the National Police commission in its First Report of February 1979, that there should be mandatory enquiry, by a Sessions Judge, in each case of custodial death, rape or grievous hurt. The "Action Taken Report" by'the Government of India on the last report of the Commission indicated that these recommendations were under various stages of consideration and that action was being contemplated on them, together with action on other related matters. At the end of the current year, however, the position remains substantially unchanged, as far as the law is concerned. The Commission recommends that these matters be pursued so that tangible results are achie6ed at an early date. 3.35 In this connection, the Commission is gratified to note that all States and Union Territories have been advised by the Ministry of Home Affairs to ensure compliance with the directions of the Supreme Court in the case of Joginder Singh vs State of Uttar

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