Quick answer
No. The National Human Rights Commission (NHRC), set up under the Protection of Human Rights Act, 1993, can inquire into complaints of human rights violations and, during an inquiry, use certain powers of a civil court. It cannot hold a criminal trial or send anyone to prison. After an inquiry, Section 18 lets it recommend compensation, prosecution or other action to the government, and approach the Supreme Court or a High Court for directions. Conviction and punishment remain the work of criminal courts.
The law: key sections of the Protection of Human Rights Act, 1993
- Section 12 (functions): the Commission may inquire, on its own motion (suo motu), on a petition by a victim or any person on the victim's behalf, or on a court's direction, into a complaint of (i) violation of human rights or its abetment, or (ii) negligence by a public servant in preventing such a violation. It can also intervene in court proceedings with the court's approval and visit jails.
- Section 13 (powers relating to inquiries): while inquiring into complaints, it has the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, such as summoning and examining witnesses on oath, ordering discovery and production of documents, receiving evidence on affidavits and requisitioning public records.
- Section 14 (investigation): it may use the services of any officer or investigation agency of the Central or a State Government, with that government's concurrence.
- Section 18 (steps during and after inquiry): it may recommend payment of compensation or damages, initiation of prosecution or other suitable action against the person concerned, and immediate interim relief. It may approach the Supreme Court or the High Court for directions, orders or writs. The government must report action taken within one month (or further time allowed), and the Commission publishes the report.
- Section 19 (armed forces): for complaints against members of the armed forces, the Commission may only seek a report from the Central Government and then either drop the matter or make recommendations. The government must report action taken within three months.
- Section 36 (limits): the Commission will not inquire into a matter already pending before a State Commission or another duly constituted commission, or into any matter after one year from the date of the alleged violation.
Commission compared with a criminal court
| Point | NHRC | Criminal court |
|---|---|---|
| Main task | Inquiry and recommendation | Trial and judgment |
| Powers | Civil court powers during inquiry (Section 13) | Full criminal trial powers under the B.N.S.S. |
| Final outcome | Recommends compensation, prosecution or other action (Section 18) | Convicts or acquits, and imposes sentence |
| Can it imprison? | No | Yes, after a lawful trial |
Example
Neha complains to the NHRC that police officers beat her brother Aadil in custody. The Commission can summon witnesses, call for records and use a government investigation agency. If it finds a violation, it can recommend interim relief and compensation for Aadil and the start of prosecution against the officers. Whether the officers are guilty, and what punishment they get, is decided only by a criminal court after a trial. Neha should act quickly, because under Section 36(2) the Commission cannot inquire into any matter after one year from the date of the alleged violation.
Current-law note
Section 18 in its present form was substituted by the Protection of Human Rights (Amendment) Act, 2006. The Act was amended again in 2019 (Act 19 of 2019, in force from 2 August 2019). Section 13 still refers to the IPC and CrPC, now replaced by the B.N.S. and B.N.S.S. For more on human rights institutions, see Human Rights Law: Complete Notes.
Exam point
The NHRC inquires (Section 12), has civil court powers during inquiry (Section 13) and recommends action (Section 18). It cannot convict or imprison anyone, and it cannot inquire into a matter after one year from the date of the alleged violation (Section 36(2)).
