Does NHRC have the power of prosecution?

No, NHRC does not have the power of prosecution. It is an investigative and recommendatory body.Upon the completion of an inquiry, the Commission may take any of the following steps:

  • Where the inquiry discloses the commission of violation of human right or negligence in the prevention of violation of human rights by a public servant, it may recommend to the concerned Government or authority the initiation of proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons;
  • Approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary;
  • Recommend to the concerned Government or authority for the grant of such immediate interim relief to the victim or the members of his family as the Commission may consider necessary.

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