Immediate FIRs, recorded post-mortem: Karnataka gets SOP for custodial death, violence probes

The SOP mandates immediate registration of First Information Reports (FIRs) under Section 196 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in all custodial violence or custodial death cases, either on complaints or suo motu. It also directs that investigations be initially handled by officers of and above the rank of deputy superintendent of police to ensure impartiality.

In custodial violence cases, the order lays down procedures for immediate spot mahazars, seizure of CCTV footage, audio-video recording of statements, medical examination of victims and preservation of all relevant physical and digital evidence.

In custodial death cases, the SOP makes magisterial inquiry and videographed inquest and post-mortem mandatory. It also calls for the prompt involvement of forensic experts and mandates that biological samples be sent to the Forensic Science Laboratory (FSL) within two days.

The directive also details the role of CID officers after taking over investigations, including re-examination of witnesses, verification of earlier records, and collection of digital and documentary evidence, along with coordination with medical and forensic experts. It further stipulates that prior prosecution sanction under Section 218 of the BNSS and Section 170 of the Karnataka Police Act must be obtained before filing charge sheets against the accused personnel.

DGP Saleem instructed all commissioners of police, range IGs/DIGs, and superintendents of police to strictly comply with the SOP, in line with directions of the Supreme Court and Karnataka High Court, stressing the need for impartial, transparent and time-bound investigations in custodial cases.