CIVIL LIBERTIES B] Custodial Death, Rape and Torture 3.27 Soon after being established in 1993, the Commission issued instructions that any instance of custodial death must be reported to it within 24 hours of occurrence. Such information was to be followed by the submission to the Commission of the relevant post-mortem report, the magisterial inquest report and a vldeography report on the postmortem. Unfortunately, it was observed that there was frequent delay in the sending of these reports. This in turn delayed the processing of cases of custodial violence in the Commission and the awarding of interim relief when, prima-facie, there v/as reason to conclude that a custodial death had resulted from custodial violence. Of the total number of 1,093 cases of custodial death reported in 1999-2000, the States from which the highest number of inquiry reports were awaited were: Maharashtra - 28, West Bengal -19, Uttar Pradesh - 17, Madhya Pradesh -12, Andhra Pradesh -11, Assam -11, Gujarat -11. Punjab -10 and Tamil Nadu - 9. In total, of the 177 cases of death in police custody registered in 1999-2000, the Commission had yet to receive full reports in respect of 165 cases. As regards deaths in judicial custody, which numbered a total of 916 in 1999-2000, reports had been received in respect of 396 cases but were awaited in respect of 520 cases. The highest number of reports awaited were from: Bihar - 112, followed by Maharashtra - 89, Andhra Pradesh - 61, Tamil Nadu - 41, Rajasthan - 39, Punjab - 38. 3.28 Given this unsatisfactory situation, the Commission has issued fresh instructions requesting that all concerned reports, namely the post-mortem, videograph and magisterial inquiry reports, must be sent to the Commission within two months of the incident. The postmortem reports have to be recorded on a new form, designed by the Commission, which has been circulated to all concerned authorities. Further, in every case of custodial death, a magisterial inquiry has also to be conducted as directed by the Commission. It should be completed expeditiously and transmitted to the Commission within the deadline of two months that has been set by the Commission. 3.29 In certain cases of custodial death, and after the post-mortem examination, the viscera are sent for examination and a viscera report is required. However, such reports also take time in being received. The Commission has therefore clarified that the post-mortem reports and other related documents should be sent to the Commission without waiting for the viscera report, with the latter being sent subsequently as soon as it is available. ANNUAL REPORT 2000-2001 j 19