(1) The Commission shall inquire 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 (Act No 45 of 1860);
(c) rape or attempt to commit rape; or
(d) arrest or detention without due process of law.
Provided that the Commission shall inquire into a complaint of such arrest or detention, only if it is satisfied prima facie about the veracity of the complaint.
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(2) The Commission may also inquire into any other case referred to it by the Director General of Police if, in the opinion of the Commission, the nature of the case merits an independent inquiry.
(3) The Commission may monitor the status of departmental inquiries or departmental action on the complaints of “misconduct” against gazetted officers of and above the rank of Deputy/ Assistant Superintendent of Police through a quarterly report obtained periodically from the Director General of Police, 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 willful 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 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.