Maharashtra Govt Issues New Guidelines For Custodial Death Investigations After Bombay HC Rebuke

Mumbai: Following strict observations from the Bombay High Court, the Maharashtra government has issued detailed guidelines for investigation and inquiry in cases of custodial deaths across the state.

The Government Resolution (GR) dated September 30, 2025, titled “Guidelines for Investigation Procedure in Cases of Custodial Death”, was issued by the Home Department after the Aurangabad bench of the High Court criticised the state for its failure to frame proper guidelines.

Court’s Earlier Observation

Last month, the HC had noted that “a circular cannot take the form of guidelines” while hearing a plea filed by Vijayabai Suryawanshi, mother of 35-year-old law student Somnath Suryawanshi, who allegedly died in custody in Parbhani in December 2024.

State Submits GR Before HC

The state then filed an affidavit this week informing that GR has been issued and the same is available on its official website.

New Investigation Protocol

According to the new GR, the investigation of any death in police custody will be “immediately transferred to the Crime Investigation Department (CID)” under Section 194(1) of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, or Section 174(1) of the Criminal Procedure Code (CrPC), 1973. Simultaneously, an inquiry into the accidental death case will be conducted by a Magistrate under Section 196 of the BNSS / Section 176 of the CrPC.

Mandatory Magistrate’s Inquiry Report

The circular also clarifies that before submitting a closure report, the investigating officer must obtain the Magistrate’s inquiry report and consider its findings.

The report will then be sent to the competent Magistrate — District Magistrate, Sub-Divisional Magistrate, or any other Executive Magistrate authorised by the State — for approval.

SIT Formed to Probe Suryawanshi’s Death

The state has formed a Special Investigation Team (SIT), headed by Special Inspector General of Police (CID), Pune, Sudhir Hiremath, with senior officers from Nagpur and Nanded as members, to probe Suryavanshi’s death.

Concerns Over CCTV Evidence

During the previous hearing, Justices Vibha Kankanwadi and Hiten Venegavkar had also expressed concern over how crucial CCTV footage from the jail was being handled, observing that it should have been “immediately seized or collected by visiting the jail.”

Also Watch:

Background of the Case

In July, the HC had directed police to register an FIR while hearing a petition by Vijayabai through advocates Prakash Ambedkar and Hitendra Gandhi. The plea alleged that her son was illegally detained and tortured following communal unrest in Parbhani.

Somnath, who was seen in viral videos holding the Constitution and recording protests peacefully, was arrested on December 12, 2024, and died three days later while in judicial custody.

To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/