(2) where a female is to be arrested, then unless the circumstance otherwise require and unless the police officer arresting is a female, the police officer shall not actually touch the person of the woman for making the arrest explanation: the provisions of sub-section (2) are in addition to the provisions of section 6 a (3) a female in custody shall be escorted by the matron or female warden or female police officer, if required to leave the female enclosure, such matron or female warden or female police officer shall remain with the female who is in custody or in prison till her retutn to the enclosure or release from the custody or the jail (4) a female relative of the female in custody shall be allowed to accompany the [0 female who is in custody during her transit from one enclosure to another or for the purpose of being taken to the court or for investigation (5) amale child of less than fifteen years of age in custody shall be allowed to be accompanied by his relative during his transit from one enclosure to another or for the purpose of being taken to the court or for investigation _ 1s medical 12 (1) where under section 54 of the code of criminal procedure, 1973 or otherwise, 2 of 19 examination 4 magistrate directs the examination of the body of an arrested person or a person under ie 4 custody, the said examination shall be conducted by a registered medical practitioner or person or the through a government hospital available, as the magistrate may, direct person in custody (2) a female arrested or in custody shall be examined by and under the supervision 20 of only a lady medical practitioner as the magistrate may direct and the examination shall be conducted with strict regard to decency (3) the medical practitioner to whom an arrested person or a person in custody is forwarded under sub-section (j) or (2), shall without delay examine him/her and prepare a record and specifically record the following details about the person examined:— 25 (1) the name and address of the person examined and of the person by whom he/ she was brought | (2)          ||--------------|| (3)          || the          || injury       || external     || and          || internal,    || if:          || any,         || on           || the          || persons;     || @)           || general      || mental       || condition    || of           || the          || person;      || 30           || (5)          || other        || material     || particulars  || and          || any          || other        || relevant     || details;     || and          || (6)          || where        || the          || person       || is           || a            || woman,       || whether      || or           || not          || she          || is           || pregnant    || (4)          || the          || report       || of           || the          || medical      || practitioner || shall        || precisely    || state        || the          || réasons      || for          || any          || conclusion   || arrived      || at           || by           || the          || medical      || practitioner || and          || the          || exact        || time         || of           || commencement || and          || completion   || of           || the          || medical      || examination || 35°          || (5)          || the          || medical      || practitioner || shall        || without      || delay        || forward      || his          || report       || to           || the          || magistrate   || who          || had          || directed     || the          || examination  || of           || the          || body        || (6)          || the          || person       || examined     || shall        || be           || entitled     || to           || a            || copy         || free         || of           || cost         || of           || the          || report       || of           || the          || medical      || practitioner || under        || this         || section      || as           || soon         || after        || the          || magistrate   || received     || the          || report       || under        || sub-section  || (5)         || yo           || information  || 13          || (/)          || every        || information  || relating     || to           || the          || commission   || of           || a            || custodial    || crime        || or           || offence      || if           || of           || custodial    || given        || orally       || to           || an           || officer      || in           || charge       || of           || a            || police       || station,     || shall        || be           || reduced      || to           || writing      || by           || him          || or           || sues         || ee           || oe           || under        || his          || direction    || and          || be           || read         || over         || to           || the          || informant    || and          || every        || such         || information  || whether      || thereafter  || given        || in           || writing      || or           || reduced      || to           || writing      || as           || aforesaid    || shall        || be           || signed       || by           || the          || person       || giving       || it,          || and          || the          || substance    || thereof      || shall        || be           || entered      || in           || book         || to           || be           || kept         || by           || such         || officer      || in           || such         || form         || as           || may          || ys           || be           || prescribed   || in           || this         || behalf      |(2) a copy of the information as recorded under sub-section (j) shall be given forthwith, free of cost, to the informant and shall also be forwarded immediately to the vigilance commissioner or the district vigilance commissioner as the case may be (3) any person (including legal aid centre or non-governmental organisation or any friend or relative) aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (/) may file a petition giving the substance of such information— (a) before the chief judicial magistrate in case of custodial offences other than those involving death of the victim, or (6) before the sessions judge in case of custodial offence involving death (4) the person filing a petition under sub-section (3) shall also forward a copy of the petition to the vigilance commissioner or the district vigilance commissioner, as the case may be = (5) the chief judicial magistrate or the sessions judge, as the case may be, if satisfied on a preliminary enquiry that there is a prima facie case, may himself hold enquiry into the complaint made under sub-section (3) or direct other judicial magistrate or additional sessions judge, as the case may be, to hold an enquiry and direct the ministerial officer of the court to make a complaint to the competent court in respect of offence that may appear to have been committed is 2 of 1974 (6) notwithstanding anything contained in section 190 of the code of criminal procedure, 1973, the competent court shall ona complaint made under sub-section (5) take" cognizance of the offence and try the same 20 (7) the chief judicial magistrate or the sessions judge, as the case may be, may obtain the assistance of the vigilance commissioner or the district vigilance commissioner or any public servant or authority as he may deem fit in holding the enquiry under sub- section (5) 14 (7) notwithstanding the provisions of section 357 of the code of criminal procedure, | 2            | of        ||--------------|-----------|| compensation |           || in           | custodial || offence     |           || 25           |           || 1973        |           || where        |           || the          |           || court        |           || convicts     |           || a            |           || public       |           || servant      |           || of           |           || a            |           || custodial    |           || offence      |           || including    |           || an           |           || offence      |           || resulting    |           || in           |           || death        |           || or           |           || bodily       |           || injury,      |           || being        |           || an           |           || offence      |           || constituted  |           || by           |           || an           |           || act          |           || of           |           || such         |           || public       |           || servant      |           || against      |           || a            |           || person       |           || in           |           || his          |           || custody,     |           || the          |           || provisions   |           || of           |           || this         |           || section      |           || shall        |           || apply,       |           |(2) the court, when passing judgement in any case to which this section applies, shall order that the government in connection with the affairs of which such public servant was employed at the time when such act was committed, shall be liable jointly and severally with such public servant to pay, by way of compensation, such amount as may be specified in the order (3) an order for payment of compensation under this section may also be made by an appellate court or by the high court or court of session when exercising its powers of revision bsc (4) while rewarding compensation in any subsequent suit relating to the same matter, the civil court shall take into account any sum paid or recovered as compensation under this section (3) the amount awarded under this section not be less than: (a) rupees twenty five thousand in case of bodily injury, not resulting in death; (®) rupees two lakh, in case of death uo (6) in fixing the amount of compensation under this section, the court shall, subject to the provisions of sub-section (5) take into account all relevant circumstances, including (but not necessarily limited to) the follwoing: (a) the type and severity of the injury suffered by the victim; (®) the mental anguish suffered by the victim; 4s (c) the expenditure incurred or likely to be incurred on the treatment and rehabilitation of the victim; (@) the actual and projected earning capacity of the victim and the impact of its loss on the persons entitled to compensation and other members of the family; (e) the extent, if any, to which the victim himself contributed to the injury; (@f the expenses incurred in the prosecution of the case (7) in case of the death or permanent disablement of the victim, the court may take into account the estimated annual income of the victim as multiplied by the number of years of his estimated span of life (8) pending final determination of the proceeding, the court may award, by way in interim relief, such compensation as it may think proper in the circumstances of the case at any stage of the case, even before judgement of conviction is passed (9) the government may recover any amount paid by it as compensation under this section wholly or partly as it may think proper, from the delinquent public servant lo 2 of 1974 15 notwithstanding anything contained in section 197 of the code of criminal procedure, 1973, no previous sanction of the central or state government shall be necessary for prosecution of a police officer or a public servant accused of any custodial offence alleged to have been committed by him 1s 16 whoever, being a police officer ora public servant— (a) knowingly disobeys any-direction of any law prohibiting him from requiring | no            | previous    ||---------------|-------------|| sanction      | of          || government    |             || for           | custodial   || offence       |             || prosecutions |             || punishment    |             || for           | knowingly   || disobeying    |             || any           | direction   || of law       |             |the attendance at any place of any persons for the purpose of investigation into an offence or other matter, or (b) knowingly disobeys any other direction of the law regulating the manner in which he shal! conduct any investigation or arrest, to the prejudice of any person, shall 20 be punished with imprisonment for a term which may extend to one year or with fine or with both 17 (1) every state government and the government of a union territory shall, by notification in the official gazette, appoint a person to be known as the vigilance commissioner for custodial offences 25 vigilance commissioner and district vigilance commissioner (2) the functions and powers of the vigilance commissioner shall be to— (a) exercise superintendence over all investigations and prosecutions with respect to custodial offences; () give directions to the concerned officers in all matters relating to investigation of and prosecution for custodial offences; 30 (c) review the progress of investigations and prosecution with respect to custodial offences; (d) tender advice to the government on all matters relating to custodial offences; (e) call for information from any concerned officer or authority about custodial offences and about action taken on his recommendation or advice; 3s @ collect or cause to be collected such statistics or data and other information as may be necessary for appropriate and effective discharge of the functions of the commission; (g) hold any inquiry pursuant to sub-section (7) of section 13; and (h) discharge any other function as may be prescribed uo (3) the government may, in consultation with the vigilance commissioner, appoint by notification in the official gazette, a district vigilance commissioner for each district (4) the government may authorise a district vigilance commissioner to have jurisdiction over another district also for which no separate district vigilance commissioner has been appointed us (5) a district vigilance commissioner shall have such powers and perform such function as may be entrusted to him by the vigilance commissioner appointed under subsection (1) and shall discharge his duties subject to his directions (6) the qualification for appointment as vigilance commissioner or district vigilance commissioner and their terms and conditions of service shall be such as may be prescribed, (7) the government may, in consultation with vigilance commissioner; make 5 rules with respect to strength of the staff of the vigilance commissioner or district vigilance commissioners and their conditions of service (8) the government shall in making any rules or regulations governing matters relating to custodial offences, consult its vigilance commissioner (9) all directions relating to recording and investigation of and prosecution for, jo custodial offences given by the vigilance commissioner or the district 'vigilance commissioner shall be binding upon the officer concerned (10) the vigilance commissioner shall present annually a consolidated report on his functioning and on the administration of this act to the government, and the government shall cause a copy thereof, together with its memorandum, to be laid before each house of the \§ state legislature within four months from the date of the receipt of the report by the government or till the legislature meets, next, whichever is later 18 (1) the state or the union territory government, as the case may be, may by power to notification in the official gazette, make rules for the purpose of carrying out the provisions make rules of the act 20 (2) in particular, and without prejudice to the generality of the foregoing process, such rules may provide for all or any of the following matters, namely— (a) the form of the register as to information in respect of custodial crimes or offences maintained under section 13; (8) the qualifications for appointment as vigilance commissioner or district 25 vigilance commissioner and their terms and conditions of service under sub-section (6) of section 17; (c) the strength of the staff and their conditions of service under sub-section (7)~ of section 17; (d) any other power of function of the vigilance commissioner to be prescribed 30 under clause (h) of sub-section (2) of section 17 19 every rule made by the government under this act shall be laid as soonasmaybe rules to be after it is issued or made, before each house of the legislature, while it is in session, for a total laid before period of thirty days which may be comprised in-one session or in two or more successive lsislature sessions, and if, before the expiry of the session immediately following the session or the 35" successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsincidents of custodial crimes are a matter of serious concern anda disturbing factor in the society they reflect 'betrayal of custodial trust by a public servant against the defenceless citizen as the supreme court has observed in kishore singh v state of rajasthan (air 1982 sc624)— "nothing is more cowardly and unconscionable than a person in police custody being beaten up, and nothing inflicts a deeper wound on our constitutional rights" the constitutional and statutory framework in india contains a number of provisions safeguarding the liberty and the life of an individual nevertheless, there is a pressing need to supplement these sufeguards to deal effectively with custodial offences which represent an onslaught on the law, human dignity and human right of the defenceless and vulnerables 'there are important judicial pronouncements on the subject in addition, the law commission, the national police commission, the national human rights commission, etc have all made several recommendations provisions against custodial crimes require amendments to a number of central acts like the indian penal code the code of criminal procedure, 1973, the indian evidence act, 1872 and others instead of these scattered amendments, it is, however, desirable to have a comprehensive legislation on the subject for the convenience of those in custody, their relatives, the concerned officials and the human rights organizations, the bill seeks to provide for prevention of and protection against custodial crimes, for compensation in case of custodial offences, for appointment of vigilance commissioners and district vigilance commissioners, and for matters connected therewith and incidental thereto new deut; mohan singh july 26, 2006  financial memorandumclause 14, sub-clause (2) provides for payment of compensation by government/ public servants concerned to the victims of custodial offence clause 17, sub-clause (1) provides for appointment of vigilance commissioner for custodial offences and sub-clause (3) provides for district vigilance commissioners, sub-clause (6) authorizes the government of the state or the union territory to determine their terms and conditions of services subclause (7) of the said clause 17 provides for the staff of the vigilance commissioners and the district vigilance commissioners the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india or the consolidated fund of respective states, as the case may be a rough estimate of non-recurring expenditure to every state is about rupees fifteen lakh to set up the office of the vigilance commissioner and the district vigilance commissioners the recurring expenditure towards pay and allowances by each state is estimated to be approximately rupees fifty lakh per annum memorandum regarding delegated legislationsub-clause (1) of clause 13 of the bill authorizes the government of the state or the union territory, as the case may be, to prescribe the form of the register as to information in respect of custodial offences 2 sub-clause (6) of clause 17 empowers the concerned government to prescribe by rules made under the act, the qualification for appointment as vigilance commissioner or district vigilance commissioners and to fix their terms and conditions of service 3 sub-clause (7) of clause 17 lays down that the strength of the staff for the vigilance commissioner and the district vigilance commissioners and their conditions of service be prescribed by the government concerned i 4 clause 18 of the bill empowers the state or the union territory government to make tules, by notification in the official gazette, for the purpose of carrying out the provisions of the bill in particular, such rules may provide for all or any of the matters mentioned in paragraphs 1 and 2 above 5 clause19 provides that rules made under the bill are required to be laid before the legislature 6 the matters in respect of which rules may be made are generally matters of procedure or administrative details and it is not practicable to make detailed provisions for them in the bill itself the delegation of legislative power is, therefore, of a normal character 