A 34-year-old man died in police custody in Chhattisgarh in January 2024. More than two years later — in July 2026 — an FIR was finally registered. The investigating agency was the same State police force whose officers were allegedly responsible for the custodial violence. The Hon'ble Supreme Court found this deeply unacceptable and took decisive action.

What the Court Did

The Supreme Court transferred the investigation to the Central Bureau of Investigation (CBI) and directed that all officials found responsible must be prosecuted after the investigation concludes. It also awarded ₹25 lakh in compensation to the family of the deceased, exercising its powers under Article 142 of the Constitution.

The Court recorded its firm opinion that a failure to register an FIR for over two years in a custodial death case — especially when the accused are members of the police force itself — makes a fair investigation by the State police inherently compromised.

Why Custodial Deaths Demand Independent Investigation

Custodial deaths — deaths that occur while a person is in the custody of the police or other State authority — are among the most serious human rights violations. The Supreme Court has repeatedly held that the State has a constitutional obligation under Article 21 to protect the life of persons in its custody. When that obligation is breached and a person dies in custody, the investigation cannot be left to the same force that is responsible for the custody.

Your Rights If a Family Member Dies in Custody

If a family member dies in police custody: (1) insist on an FIR being registered against the responsible officers immediately; (2) file a complaint before the National or State Human Rights Commission; (3) approach the High Court by way of a writ petition seeking CBI or SIT investigation; (4) apply for compensation under Article 226 of the Constitution. Delay in approaching court compounds the harm — act immediately.

Legal Remedies Available

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File a writ petition before the High Court seeking transfer of investigation to CBI or a Special Investigation Team (SIT). Courts take custodial death cases very seriously and typically act quickly.

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File a complaint before the National Human Rights Commission (NHRC) — the NHRC has specific jurisdiction over custodial death cases and can direct investigation and recommend compensation.

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Claim compensation from the State under Article 226 — courts have awarded compensation in custodial death cases independently of criminal proceedings against the accused officers.

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Insist on a magisterial enquiry — every custodial death must be reported to the Magistrate, who conducts an independent enquiry under Section 176 BNSS. If this hasn't happened, approach the Magistrate directly.

Case Reference
Lahra Bai Tamre v. State of Chhattisgarh | Hon'ble Supreme Court of India | August 12, 2026

Frequently Asked Questions

Questions people commonly search on this topic

What are the legal remedies if someone dies in police custody in India? +
Remedies include: filing a writ petition before the High Court seeking CBI or SIT investigation; complaining to the National Human Rights Commission; claiming compensation from the State; ensuring a magisterial enquiry under Section 176 BNSS; and filing an FIR against the responsible officers under the relevant provisions of BNS.
Can the family claim compensation for a custodial death in India? +
Yes. The Supreme Court has consistently held that the State is responsible for the safety of persons in its custody. Courts can award compensation to families of custodial death victims under Article 226 of the Constitution, independently of criminal prosecution of the responsible officers.
Who investigates a custodial death in India? +
A magisterial enquiry under Section 176 BNSS is mandatory for every custodial death. Where the State police are themselves involved, courts have directed investigation by the CBI or a Special Investigation Team to ensure independence and impartiality.
What is the time limit to file a complaint for custodial death? +
There is no strict limitation for filing a writ petition before the High Court in cases of custodial death — courts have entertained such petitions even years after the incident. However, approaching the court as early as possible preserves evidence and strengthens the case.