Functions of the Commission

(1) The Commission shall inquire into allegations of "serious misconduct" against police personnel, as detailed below, either suo motu or on a complaint received from any of the following:- (a) a victim or any person on his behalf; (b) the National, or the State Human Rights Commission if constituted; (c) the police; or (d) any other source. Explanation: "serious misconduct" for the purpose of this chapter shall mean any act or omission of a Police officer that leads to or amounts to:- (a) death in Police custody; (b) grievous hurt, as defined in section 320 of the Indian Penal Code, 1860; (c) rape or attempt to commit rape; or (d) arrest or detention without due process of law: Provided that the Commission shall inquire into a complaint of such arrest or detention, only if it is satisfied prima facie about the veracity of the complaint. (2) The Commission may also inquire into any other case referred to it by the Director General of Police if, in the opinion of the Commission, the nature of the case merits an independent inquiry. (3) The Commission may monitor the status of departmental inquiries and action on the complaints of 'misconduct' against Group 'A', Group 'B' and Group 'C' police personnel through quarterly reports obtained from the Director General of Police and issue appropriate advice to the Police department for expeditious completion of inquiry, if in the Commission's opinion such inquiry or action on the complaints is getting unduly delayed. (4) The Commission may also call for a report from and issue appropriate advice for further action or if necessary a direction for a fresh inquiry by another officer, to the Director General of Police when a complainant, being dissatisfied by the outcome of, or inordinate delay in the process of, departmental inquiry into his complaint of "misconduct" by a Police officer, brings such matter to its notice. (5) The Commission may lay down general guidelines for the State Police to prevent misconduct on the part of the police personnel, and (6) The Commission shall also perform the functions of the State Human Rights Commission listed under section 12 of the Protection of Human Rights Act, 1993, for the State of Sikkim and make suitable recommendations to the Government and the authority concerned. In performing such functions the Commission shall be provided all necessary information/ assistance as it may reasonably require, by all concerned.