 bill no  xxxvi  of  2006 the  indian  evidence  (amendment)  bill,  2006 a billfurther to amend the  indian evidence act, 1872be  it enacted by parliament in the fifty-seventh year of the republic of india as follows:—1 (1) this act may be called the indian evidence  (amendment) act, 2006(2) it shall come into force at onceshort title, and commencement1 of 18722 in the evidence act, 1872, after section 114a, the following section shall be inserted, namely:—5insertion of new section 114bpresumption as to death while in police custody"114b in a prosecution for culpable homicide or murder, as the case may be, of a person by a police officer the court may presume that the death was caused when that person was in the custody of the police, by the police officer having custody of that person during that period after taking into account all the relevant circumstances and facts unless otherwise proved by that police officer" statement  of  objects  and  reasonscustodial violence leading to injuries, rape or deaths of suspects or accused has become very common in our country of late, there is sudden spurt in the incidents of custodial deaths the courts while deciding cases of custodial deaths have been passing strictures against the police and awarding compensation to the families of the deceased the human rights commission in its reports has also been referring to custodial deaths and expressing concern over their increasing number the commission, in fact, has written to all the states and union territories making it obligatory for them to report every incident of custodial death to the commission within 24 hours failing which the commission will be free to conclude adverse but, even after all these observations and developments, the incidents of custodial deaths are increasing unabated and a large number of them go unreported it is no secret that while in police custody all kinds of third degree methods are used by police officers to extract information from the accused which, many a time, lead to custodial death the courts have issued several guidelines for police in order to prevent the custodial death, but they are observed more in breach in case of prosecution of police in custodial deaths, it is very difficult to find any eye-witness besides, any other policeman never comes forward to give evidence against his fellow policeman accused of custodial death therefore, it is very difficult to implicate a policeman in the absence of evidence due to lack of action on these police officers, they have become insensitive and have developed a sense of impunity under the circumstances, it may be appropriate if the courts while trying a police officer accused of custodial death should presume that it has been caused by the police officer and the onus of proving innocent is fixed on the police officerthe law commission in its 113th and 185th reports has recommended changes in the law with regard to causing bodily injury to a person while in police custody but, nothing has been done in this regard so far and the situation has been allowed to deteriorate therefore, a beginning is necessary at least in cases of custodial deathsit is, therefore, necessary that changes in the indian evidence act are made regarding presumption by court if the death of a person takes place while he was in police custody such an amendment will definitely serve as deterrent to the police officer and reduce the incident of custodial deathshence this billkalraj  mishra rajya  sabha———— a billfurther to amend the  indian evidence act, 1872————(shri kalraj mishra,  mp)mgipmrnd—508rs(s5)—12052006