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

Question

UnlockIAS · Accepted Answer

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 other options are wrong — (a) 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) A revenue court decides land-revenue matters; it has nothing to do with the NHRC's inquiry powers under the Act.  (d) 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.

State PCS 2018 Q94 — Indian Polity PYQ with Answer

State PCS 2018 Q94 — Indian Polity PYQ with Answer