MPPSC 2018 Prelims Q94: In relation to offences described under Section 175,

Q: What is the answer to MPPSC 2018 Prelims Q94?

B. Correct — B, a Civil Court. While inquiring into a complaint the NHRC has the powers of a civil court under Section 13 of the Protection of Human Rights Act, 1993. That section also provides that the Commission 'shall be deemed to be a civil court' for the purposes of Sections 175, 178, 179, 180 and 228 of the Indian Penal Code — the offences that punish refusing to produce a document, refusing to answer, refusing to answer or produce documents or insulting a public servant/court. If such an offence is committed before it, the Commission may forward the case to a Magistrate. Hence, for these IPC provisions, it is deemed a civil court.

MPPSC 2018 Prelims Paper-I · Question 94 of 100

Verified against the official question paper. Answer as per the official MPPSC answer key.

In relation to offences described under Section 175, Section 178, Section 179, Section 180 or Section 228 of the Indian Penal Code, the Human Rights Commission is to be deemed

(a)Criminal Court
(b)Civil Court
(c)Revenue Court
(d)None of the above

Answer

Why

Correct — B, a Civil Court. While inquiring into a complaint the NHRC has the powers of a civil court under Section 13 of the Protection of Human Rights Act, 1993. That section also provides that the Commission 'shall be deemed to be a civil court' for the purposes of Sections 175, 178, 179, 180 and 228 of the Indian Penal Code — the offences that punish refusing to produce a document, refusing to answer, refusing to answer or produce documents or insulting a public servant/court. If such an offence is committed before it, the Commission may forward the case to a Magistrate. Hence, for these IPC provisions, it is deemed a civil court.

Why the others are wrong

(a)Criminal Court — The Act deems the Commission a civil court, not a criminal court; the NHRC cannot itself try and punish these offences — it forwards them to a Magistrate.
(c)Revenue Court — A revenue court decides land-revenue matters; it has nothing to do with the NHRC's inquiry powers under the Act.
(d)None of the above — The Act expressly names 'civil court', so a specific option (B) is correct.

Concept

To make its inquiries effective, the Act gives the NHRC the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 — summoning and examining witnesses on oath, requiring the discovery and production of documents, receiving evidence on affidavit and requisitioning public records. Its proceedings are treated as judicial proceedings, and for the listed IPC offences committed before it, the Commission is deemed a civil court that can forward the matter to a Magistrate.

The trap is 'civil vs criminal'. The listed IPC sections (175-180, 228) punish non-cooperation with, or insult to, a court/public servant. The Act plugs the Commission into the civil-court machinery so that witnesses treat its summons seriously — but the actual trial of the offence goes to a Magistrate.

Key facts

While inquiring, the NHRC has the powers of a civil court under the CPC, 1908 (summon witnesses, compel documents, take affidavit evidence, requisition records).
For IPC Sections 175, 178, 179, 180 and 228, the Commission is deemed a civil court and may forward such an offence to a Magistrate.
Its proceedings are deemed judicial proceedings under the IPC.
These are fact-finding (inquiry) powers; the NHRC's final recommendations are not binding on governments.

Why the NHRC is deemed a 'civil court'

NHRC inquires into a human-rights complaint
It has the powers of a CIVIL COURT (CPC, 1908): summon witnesses, compel documents, take affidavit evidence
If an IPC s.175/178/179/180/228 offence is committed before it → deemed a civil court
It forwards the case to a Magistrate having jurisdiction to try it

For these IPC offences the Commission is a CIVIL court — option B — not a criminal or revenue court.

Study next

Powers of the NHRC while inquiring (Sections 13-16)The NHRC's investigation machinery and use of Central/State agenciesRecommendatory nature of NHRC findingsCivil court vs criminal court vs revenue courtIPC offences 175-180 and 228 (non-cooperation with/insult to a court)

Common traps

Choosing 'criminal court' — it is deemed a civil court
Assuming the NHRC can itself convict and punish

Direct — 'the Commission is deemed to be which court' or 'the powers of the NHRC are those of'. Anchor: civil court under the CPC.

Related PYQs

UPSC_1999_GS1_Q341999Open & attempt →

Consider the following statements regarding the National Human Rights Commission of India: I. Its Chairman must be a retired Chief Justice of India. II. It has formations in each state as State Human Rights Commission. III. Its powers are only recommendatory in nature. IV. It is mandatory to appoint a woman as a member of the Commission. Which of the above statements are correct?

(a) I, II, III and IV
(b) II and IV
(c) I and III
(d) I and II

Answer(c) I and III

Same theme — the statutory powers of the NHRC, including their (recommendatory) nature; its civil-court inquiry powers are the fact-finding side of the same design.

Practice

practice — not a real PYQ
While inquiring into a complaint, the NHRC exercises the powers of a:
- (a)criminal court
- (b)civil court under the Code of Civil Procedure
- (c)revenue court
- (d)court-martial
Answer(b) civil court under the Code of Civil Procedure, 1908.
practice — not a real PYQ
The recommendations/findings of the NHRC on a complaint are:
- (a)binding on the government
- (b)binding only on the police
- (c)recommendatory in nature
- (d)executable as a decree of a court
Answer(c) recommendatory in nature — the government is expected, but not legally bound, to act.