Maharashtra Police Act 1951
Section 22Q :
Powers and functions of State Police Complaints Authority :
(1) The State Police Complaints Authority shall exercise the powers and perform the functions as follows :—
(a) inquire suo-moto or on a complaint against Police Officers presented to it by,—
(i) a victim or any member of his family or any other person on his behalf ;
(ii) the National or State Human Rights Commission; and
(iii) the police, into the complaint of,—
(i) death in police custody ;
(ii) grievous hurt as defined under section 320 of the Indian Penal Code ;
(iii) rape or attempt to commit rape ;
(iv) arrest or detention without following the prescribed procedure ;
(v) corruption ;
(vi) extortion ;
(vii) land or house grabbing ; and
(viii) any other matter involving serious violation of any provision of law or abuse of lawful authority ;
(b) require any person to furnish information on such points or matters as in the opinion of the authority may be useful for or relevant to the subject matter of inquiry.
(2) The members of the State Police Complaints Authority shall work for the Authority on a whole time basis. The salary or honorarium and other allowances payable to, and the other terms and conditions of service of the non-official members of the State Police Complaints Authority shall be such as may be prescribed by the State Government.
(3) The term of office of a member of the State Police Complaints Authority shall be of three years.
(4) The State Police Complaints Authority shall, while inquiring into any of the matters referred to in sub-section (1) have all the powers of a civil court while trying a civil suit under the Code of Civil Procedure, 1908, in respect of the following matters :—
(a) summoning and enforcing the attendance of witnesses and examining them on oath ;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits ;
(d) requisitioning any public record or copy thereof from any court or office ;
(e) issuing Commissions for the examination of witnesses or documents; and
(f) such other matters as may be prescribed by the State Government.
(5) The State Police Complaints Authority shall have the power to require any person, subject to legal privilege to furnish information on such points or matters as, in the opinion of the State Police Complaints Authority, may be useful for, or relevant to, the subject matter of the inquiry, and any person so required shall be deemed to be legally bound to furnish such information within the meaning of sections 176 and 177 of the Indian Penal Code.
(6) Notwithstanding anything contained in this Act, the State Police Complaints Authority shall be deemed to be a civil court, and when any offence as defined in section 175, 178, 179, 180 or 228 of the Indian Penal Code is committed in view of or in the presence of the Authority, the Authority may cause the offender to be detained in custody and may, at any time before the rising of the Authority on the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to fine not exceeding two hundred rupees and, in default of payment of fine, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid. If the State Police Complaints Authority in any case considers that a person accused of any of the offences referred to in section 345 of the Code of Criminal Procedure, 1973, and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such State Police Complaints Authority is, for any other reason, of opinion that the case should not be disposed of under section 345 of the Code of Criminal Procedure, 1973, such State Police Complaints Authority, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given shall forward such person in custody to such Magistrate. The Magistrate to whom any such case is forwarded shall proceed to deal with, as far as may be, as if it were instituted on a police report.
(7) Every proceeding before the State Police Complaints Authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code, the State Police Complaints Authority shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
(8) The State Police Complaints Authority shall have the power to advise the State Government on measures to ensure protection of witnesses, victims and their families who might face any threat or harassment for making the complaint or for furnishing evidence.
(9) Any member of the State Police Complaints Authority as may be authorized by the Chairperson in writing may visit any police station, lockup, or any other place of detention used by the police and, if he thinks fit, he may be accompanied by a Police Officer.
(10) The State Police Complaints Authority may, for the purpose of field inquiry direct any person as it deems fit to inquire into the subject matter of inquiry and submit a report to the Authority.
