The Police Accountability Commission (Police Commission) Tripura has been constituted under Section -59 of the Tripura Police Act, 2007 (Act No. 6 of 2007). The Police Commission has started to function in the last part of 2007. It is a statutory body with limited power to recommend on the basis of result of inquiry it conducts. Powers of Civil Court to summon and enforce attendance of witnesses under the civil procedure code 1908 have been provided in the Police Act.
As per section – 66 of the Tripura Police Act, 2007, the function of the Commission are as below:-
1) The Commission shall forward for further action the complaints of misconduct received directly by it to the Director General of Police.
2) 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;
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;
d) arrest or detention without due process of law; or
e) violation of human rights;
f) allegation of corruption.
3) The Commission may also inquire in to 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;
4) The Commission may monitor the status of departmental inquiries or departmental action on the complaints of “misconduct” against gazetted officers through a quarterly report obtained periodically 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 the departmental inquiry of departmental action is getting unduly delayed in any such case;
5) 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 complaint, being dissatisfied by the out come of, or inordinate delay in the process of departmental inquiry into his complaint of “misconduct” as defined above, by any police officer, brings such matter to the notice of the Commission; and
6) The Commission may lay down general guidelines for the state police to prevent misconduct on the part of police personnel.
Composition of PAC :- As per Section-60 of the Tripura Police Act, 2007, the Commission shall have five members to be appointed by the State Government with a credible record of integrity and commitment to human rights and shall consist of :-
a) a retired High Court Judge, who shall be the Chairperson of the Commission;
b) a police officer superannuated in the rank not below Inspector General of Police;
c) two persons of repute and standing from the civil society;
d) a retired officer not below the rank of Secretary/Commissioner to State Government with experience in Public Administration.
Provided that at least one member of the Commission shall be a women and not more than one member shall be a police officer.