HC Deb 06 November 1911 vol 30 cc1275-6
Mr. WEDGWOOD

asked the Under-Secretary of State for India whether, in consequence of the prevalence of the practice by the Indian police of extorting confessions of guilt from suspected persons in their custody, it has been decided by the Government of India to extend to the whole of India an order from Bombay directing magistrates, to whom prisoners are brought by the police to have their confessions recorded, to invariably satisfy themselves by examination of the bodies of the accused, whenever feasible, that the confessions have not been extorted by physical torture; whether he is aware that in the majority of cases the torture has been inflicted upon the accused while in the private custody of the police; and whether, under the circumstances, the Government of India will put an end to the system by which, under the 167th Section of the Code of Criminal Procedure, prisoners are liable to be remitted to private police custody?

Mr. TENNANT (for the Under-Secretary of State for India)

It is the case that the Bombay order has been extended to the whole of India. The question of the revision of Section 167 of the Criminal Procedure Code will be duly considered, but I must remind my hon. Friend that the remission of a prisoner to police custody can only be made by a magistrate, and point out that when the magistrate has ascertained that the prisoner when brought before him had not suffered injury, there is a safeguard against the infliction of subsequent injury. A remand is often necessary in the interests of justice, and in some parts of India this must entail a remission, to police custody. Finally, I must point out that to speak of "the prevalence" of police torture must create a very misleading impression.

Mr. WEDGWOOD

May I ask whether prisoners are not at present remitted for as much as fifteen days to the custody of the police, and whether it would be possible to let the House have a Return showing during the last six years the number of cases in which prisoners have been remitted?

Mr. SPEAKER

The hon. Member is asking for a Return. He must give notice of that.

Mr. WEDGWOOD

May I ask whether it would be possible for the hon. Member to tell me the percentage of cases in which prisoners have been remitted?

Mr. SPEAKER

The hon. Member must see that it is the Financial Secretary to the War Office who has given the answer, and he cannot be expected to know the details of Indian Administration.