Short title, extent and commencement.—
This Act may be called the Protection of Human Rights Act, 1993.
It extends to the whole of India: Provided that it shall apply to the State of Jammu and Kashmir only in so far as it pertains to the matters relatable to any of the entries enumerated in List I or List III in the Seventh Schedule to the Constitution as applicable to that State.
It shall be deemed to have come into force on the 28th day of September, 1993.
2 Definitions. —
Constitution of a National Human Rights Commission.—
Appointment of Chairperson and other Members.—
Resignation and removal of Chairperson and Members.—
Term of office of Chairperson and Members.—
Member to act as Chairperson or to discharge his functions in certain circumstances.—
In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the President may, by notification, authorise one of the Members to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy.
When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, such one of the Members as the President may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.
Terms and conditions of service of Chairperson and Members.—The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members shall be such as may be prescribed: Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or a Member shall be varied to his disadvantage after his appointment.]
Vacancies, etc., not to invalidate the proceedings of the Commission.—No act or proceedings of the Commission shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or defect in the Constitution of the Commission.
Procedure to be regulated by the Commission.—
Officers and other staff of the Commission.—
Functions of the Commission.—The Commission shall perform all or any of the following functions, namely:—
Powers relating to inquiries.—
The Commission shall, while inquiring into complaints under this Act, have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular in respect of the following matters, namely:—
The Commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject matter of the inquiry and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 and section 177 of the Indian Penal Code.
The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilise the services of any officer or investigation agency of the Central Government or any State Government with the concurrence of the Central Government or the State Government, as the case may be.
For the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose services are utilised under sub-section (1) may, subject to the direction and control of the Commission,—
summon and enforce the attendance of any person and examine him;
require the discovery and production of any document; and
Statement made by persons to the Commission.—No statement made by a person in the course of giving evidence before the Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement: Provided that the statement—
Persons likely to be prejudicially affected to be heard.—If, at any stage of the inquiry, the Commission—
Inquiry into complaints.—The Commission while inquiring into the complaints of violations of human rights may—