Amendment status not verified — confirm the current text below against the official source.
(1)The Comrnission shallinquke into allegations of "seriousmisconducl" Commission against police personnel, as deiailed below, eiiher suo rnotu or on a complaint . received trom any ol thefollowir]g- (a) a victim or any pe.son on hls behali; (b) the National, or the Staie Human Rights Commission ii conslituled; (c) the police: or (d) any othersource. Explanation :"setlous misconduct" lor the purpose o, this chapter shall mean any actorornissiofi oia Pollce officerthal leads to or amounts to- 39 oltheCommission (a) death in Police cuslody; (b) grlevous hurt, as defined in seclion 320 oJ the lndian PenalCode,1860; (c) rape or attempt to commit rape; or (d) arresl or detenlion withoul due prooess oi law : Providecj that the Comnrission shall inquire lnto a compiainl oi such arrest or detenlion, only if ii ls salisfied prima tacie about lhe veracity of the complaint (2)The Cornmission may also inquire inlo any other case reierred io it by the Direclor Qeneral of Police if, in the opinion ol ihe Commission' lhe nature ol l.e case'1erhs an ndepe dent inqJ 1. (3) The Commission may monitor lhe status oi depadmenlal inquir es and action on the complai;ts of 'mlsconducl' against Group'A', Group 'B' and Group C' police perconnelthrough quarierly reports obtained from the Directol Generalof Police and issue apnroprlale advice lo the Pollce depanrnentfor expediijous complelion ol inquiry, it in the Cornmission's opinjon such inquiry or actlon on lhe complainls is getting unduly delayed . (4)The Commission mayalso callfora reportfrom and issue app roprlaie advice lor further action or if necessary a direction for a lresh inquiry by anoiher officer,lo the Direclor Generalol Policewhen a complainant' being dissauslied by lhe oLltcome of, or inordinate delay in the process of, depaftrnentaiinquiry into his complaint of "misconduct" by a Police otflcer' brings such matter io ils nollce. (5) The Commission may lay down general guidelines for the State Police to prevent n'risconduct on lhe part ofthe police personnelland (6) The Commisslon shallalso perform theluncuons oi ihe State Human Bights Commission lisled undersection 12 oflhe Proteclion of Human Rights Act' 19s3. forlhe Staie ol Sikkim and make sultable recommendations io the Governmenl and the authority concerned. ln performing such iunctions lhe Commission shall be provided all necessary inlormalion/ assistance as il may reasonably require, by all concerned 1,11, (1) ln lhe cases direclly enquired by it, the Comrnission shall have alllhe powers of a civilcourttrying asuit underthe Code ol ClvllProcedure, 1905 and in particular in respecl ofihe following matters_ (a) suanmoning and enlorclng ihe ailendance ofwilnesses and exarrt,]ing tnen o_ oatr: (b) discovery and production of any documenti Lc) receiv ng evidence o_ aff davils; (d) requisitioning any public record or copy thereof irom any court or oflice; (e) issuing authorities iorthe examinailon of wilnesses ordocuments; and (0 any other malter as may be prescrlbed. (2) The Comnrission shallhavethe powerto require any person sublectto legal p vilege, to furnish inforn'ation on such points or matters as, in the opinion of iheLommission, maybe usefulior, or relevant lo, the subiect matter of the iflquiry, anci any person s0 required shall be deerned io be legally Statements madetothe Commlsslon Persons likely io be preiudicially affected to be heard bound to lurnish such information lliihin the meaning of Seclions 176 and 177 oflhe lndian PenalCode, 1860. (3) TheCommission shallbe deemedto beacivilcourtand when any otfence, as defined in sections 1 75,178,179,180 ot 228 of the lndian Penal Code, 1860, is committed in the view or presence ofthe Commission, the Commission may, wjth the prior sanction o{ the Stale Governmeni, and afterre6ording lhetacts constituting the of{ence and thestalement olthe accused as plov ded loriothe Code olCriminal Procedur€, 1973, forward lhe case to a Magisirate having jurisdiclion to try the same. The lvlagistrate to whom any such case is foMarded shallproceed to hearthe complaint against the accltsed as if ihe case has been fo&arded to him under section 346 ofthe Code oi Criminal Procedure 1973. (4) Every proceeding before the Commission shall be deemed 10 be ajudicial proceeding within lhe meanings of Seciions 193 and 228 and forlhe purposes of section 196 ofthe lndian Penalcode 1860' the commission shallbe deemed io be a civilcourt for allthe purposes of section 195 and . Chapterxxvl ofthe Code of Criminal Procedure, 1973. (5) The Commission shall have the powo.to advise the State Government on measures to ensure protection ofwlinesses, vlctims and theirfamilies who mightiace any threator harassmentfor making the complainl orfor fumishing evidence. (6)The Commission mayvisit any Police Station lock'up or any otherplace of detention used by the police and lf it thinks lit il may be accompanied by a Police or'ficer. 142, No statement made by a person in the course of giving evidence before the Commission shall-su6ject that person to a civil or criminal proceeding or be used against him in such proceeding, except a prosecution forgiving false evidence : Provided that the statemenl- (a) is made in reply totho question which he is required by the Commission 10 answetior (b) is relevant to the subiect matter of the inquiry : Provideci runher that on conclusiol. ol the inqu'ry into a conplainl o' 'serious misconduct'against lhe Police personnel, i{ t'e Comn'ission :s satisiied that the comp'aint was vexalioJs, irivolous oI -alal:de, ihe Comrnission may impose such line as considered approp ate on the comPlainant.