Death in Police Custody

The recent death of Kugan in Police Custody was unfortunate. While we can understand that Police may sometimes need to be tough when interrogating an accused, but to cause the death of one in custody is just not appropriate. We noted that the AG's office have demanded investigation and this is a positive way forward for a transparent investigation.

In the Criminal Procedure Code, there is a specific provision, Section 334 which reads:-

When any person dies while in the custody of the police or in a psychiatric hospital or prison, the officer who had the custody of that person or was in charge of that psychiatric hospital or prison, as the case may be, shall immediately give intimation of such death to the nearest Magistrate, and the Magistrate or some other Magistrate shall, in the case of a death in the custody of the police, and in other cases may, if he thinks expedient, hold an inquiry into the cause of death.

In addition, under the Police Act, there is an 'Inspector-General Standing Orders' which will give a guide to the Police Officers on how to deal with death in Custody.

One must be aware that the moment a person passes away, the Police must be informed; wherein the Police would visit the Body to confirm if there is any 'foul play'. The Police would then issue a Death Certificate, confirming the person's demise.

Under Section 18 of the Births & Deaths Registration Act 1957, all Deaths must be confirmed and a Certificate will be produced.

When one dies in Police Custody, the CPC is clear - that it is the Magistrate who must be informed of the death; and that Magistrate shall then confirm the nature of the death. Needless to say a post mortem is normally carried out just before body is released to the family members of the deceased.