(1) Members of the Commission shall be assisted by adequate staff with requisite skill, for efficient discharge of their functions of the Commission;
(2) The strength of the staff may be prescribed by the State Government, keeping in view the size of the State, its population, and the average number of complaints against the police, and shall be periodically reviewed and revised.
(3) The staff shall be selected by the Commission, inter alia, on a contractual basis, through a transparent process; and
(4) The remuneration and other terms and conditions of service of the staff shall be prescribed by the State Government from time to time.
Conduct of business
77. The Commission shall devise its own rules for the conduct of its business.
Functions of the Commission
78.
(1) The Commission shall enquire into allegations of "serious misconduct" against police personnel, as detailed below, either suo moto or on a complaint received from any of the following:
(a) a victim or any person on his behalf;
(b) the National or the State Human Rights Commission;
(c) the police; or
(d) any other source
Explanation: "Serious misconduct" for the purpose of this Chapter shall mean any act or omission of a police officer that leads to or amounts to:
(a) death in police custody;
(b) grievous hurt, as defined in section 320 of the Indian Penal Code, 1860;
(c) molestation, rape or attempt to committing rape; or
(d) arrest or detention without due process of law;
30
(e) forceful deprivation of a person of his rightful ownership or possession of property;
(f) blackmail or extortion;
(g) Non registration of First Information Report:
Provided that the Commission shall enquire into a complaint of such arrest or detention, only if it is satisfied prima facie about the veracity of the complaint.
(2) The Commission may also enquire into any other case referred to it by the Government or Director General of Police of the State if, in the opinion of the Commission, the nature of the case merits an independent enquiry.
(3) The Commission may monitor the status of departmental inquiries or departmental action on the complaints of "misconduct" against Gazetted Officer of and above the rank of Deputy/ Assistant Superintendent of Police through a quarterly report obtained periodically from the Director General of Police of the State, and issue appropriate advice to the police department for expeditious completion of inquiry, if in the Commission's opinion the departmental inquiry or departmental action is getting unduly delayed in any such case;
Explanation: "Misconduct" in this context shall mean any will-full breach or neglect by a police officer of any law, rule, regulation applicable to the police that adversely affects the rights of any member of the public, excluding "serious misconduct" as defined in sub-section (1).
(4) The Commission may also call for a report from, and issue appropriate advice for further action or, if necessary, a direction for a fresh inquiry by another officer, to the Director General of Police of the State when a complainant, being dissatisfied by the outcome of, or inordinate delay in the process of departmental inquiry into his complaint of "misconduct" as defined above, by any police officer, brings such matter to the notice of the Commission; and
(5) The Commission may lay down general guidelines for the state police to prevent misconduct on the part of police personnel.
Powers of the Commission
79.
In the cases directly enquired by it, the Commission shall have all the powers of a Civil Court trying a suit under the Code of 31 Civil Procedure, 1908, and in particular in respect of the following matters:-
(a) summoning and enforcing the attendance of witnesses and examining them on oath;
(b) discovery and production of any document;
(c) receiving evidence on affidavit;
(d) requisitioning any public record or copy thereof from any office;
(e) issuing authorities for the examination of witnesses or documents; and
(f) any other matter as may be prescribed.
Statements made to the Commission
80.
No statement made by a person in the course of giving evidence before the Commission shall subject that person to a civil or criminal proceeding or be used against him in such proceeding, except a prosecution for giving false evidence:
Provided that the statement,-
(a) is made in reply to the question which he is required by the Commission to answer; or
(b) is relevant to the subject matter of the inquiry:
Provided further that on conclusion of the inquiry into a complaint of 'serious misconduct· against the police personnel, if the Commission is satisfied that the complaint was vexatious, frivolous or malafide, the Commission may impose such fine as considered appropriate on the complainant.
Persons likely to be prejudicially affected to be heard
81. If, at any stage of the inquiry, the Commission considers it necessary to inquire into the conduct of any person, or is of the opinion that the reputation of any person is likely to be prejudicially affected by the inquiry. it shall give that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his support:
Provided that nothing in this section shall apply where the credibility of a witness is being impeached.
Decisions and Directions of the Commission
82.
In the cases directly inquired by the Commission, it may, upon completion of the inquiry, communicate its findings to the Director General of Police of the State and the State Government 32 with a direction to:
(a) register a First Information Report; and/or
(b) initiate departmental action based on such findings, duly forwarding the evidence collected by it to the Police. Such directions of the Commission shall be binding:
Provided that the Commission, before finalizing its own opinion in all such cases shall give the Director General of Police of the State an opportunity to present the Department's view and additional facts, if any, not already in the notice of the Commission:
Provided further that, in such cases, the Commission may review its findings upon receipt of additional information from the Director General of Police of the State that may have a material bearing on the case.
Reports of the Commission