Introduction
Custodial violence refers to hurting or mistreating a person while they are in police custody. custodial violence is a serious problem in India. It means when a person is hurt, tortured, or even killed while they are in police custody. Sometimes, people are arrested without proper reason or are kept in jail for a long time without being taken to court. In many cases, the police use violence to force someone to confess to a crime. This is not only wrong but also against the law.
The Constitution of India gives every person the right to live with freedom and dignity. Article 21 says that no one can take away a person’s life or personal liberty except by following the law. Article 22 also gives rights to people who are arrested. But in real life, these rights are often ignored. Many people have died in custody, and many others have been hurt badly.
Even though there are laws to protect people from such treatment, custodial violence still happens in many parts of the country. Sometimes, police use force to make people confess or punish them without any proof. Courts in India, like the Supreme Court, have made important rules to stop this, but they are not always followed.
There are also laws in the Indian Penal Code and the Criminal Procedure Code that try to stop this kind of violence. The Supreme Court has given important guidelines in cases like D.K. Basu v. State of West Bengal to prevent custodial torture. Still, the problem continues because many police officers are not punished, and the rules are not followed properly.
Reports by human rights groups and newspapers show that custodial violence is common. Many people are afraid to complain because they fear the police. There is also no strong law in India that punishes torture by police.
This paper will discuss the causes of custodial violence, important laws and court cases, real-life incidents, and what changes are needed. It is important to stop this violence to protect human rights and make sure that justice is done fairly for everyone.
Abstract
Custodial violence is a serious problem in India. It refers to the abuse, torture, or even killing of individuals by the police or other authorities while they are in custody. This paper explores the nature, causes, and legal aspects of custodial violence, along with real-life incidents and the urgent need for reform. Despite the Indian Constitution providing strong safeguards through Articles 21 and 22, which guarantee the right to life, liberty, and protection against unlawful arrest and detention, these rights are often violated in practice.
The research explains how custodial violence directly goes against the fundamental rights of people. Article 21 of the Constitution protects the right to live with dignity, and Article 22 gives rights to arrested individuals, such as being informed of the reason for arrest and being presented before a magistrate within 24 hours. But in many cases, these rules are not followed. The police often use physical force or torture to make people confess to crimes, which is both unlawful and unethical.
The paper examines various laws in India, such as the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC), that are meant to protect individuals from such abuse. Sections 330, 331, and 348 of the IPC punish police officers who use violence to get a confession. CrPC Sections 50 and 167 give rights to arrested people and set limits on the powers of the police. The Indian Evidence Act also says that confessions made in police custody are not valid in court unless certain safeguards are followed.
The paper also looks at key judgments by Indian courts, such as D.K. Basu vs. State of West Bengal, which laid down clear guidelines to be followed during arrest and detention. Despite these guidelines, custodial deaths and torture are still common. According to recent data, thousands of people die in police and judicial custody every year in India. Shocking cases like the 2020 deaths of a father and son in Tamil Nadu show how brutal police actions can be.
This study also highlights the role of international laws such as the UN Convention Against Torture (UNCAT), which India has signed but not yet ratified. Expert opinions included in this research point out the need for stronger laws, better training of police officers, and strict punishment for those who violate human rights. The failure to pass the Prevention of Torture Bill and the lack of a national anti-torture law are key problems.
In conclusion, the research argues that custodial violence must be treated as a serious crime against humanity. India must adopt strict legal measures, strengthen human rights bodies, and train law enforcement to act with responsibility. Only by doing so can the country ensure justice and protect the dignity of every citizen.
Keywords:
Custodial Violence, Police Brutality, Article 21, Fundamental Rights, Torture, D.K. Basu Guidelines, National Human Rights Commission (NHRC), Criminal Procedure Code (CrPC), Indian Penal Code (IPC), United Nations Convention Against Torture (UNCAT)
Constitutional Aspects:
Custodial Violence or Custodial abuse violates the fundamental right to life and personal liberty under Article 21, which guarantees that ‘No person shall be deprived of his life and personal liberty except by the procedure established by law’ The Supreme Court interpreted Article 21 in many cases to include protection against torture and inhuman treatment (right to live with human dignity).
Furthermore, Article 22 of the Constitution of India provides safeguards regarding arrest and detention, including the requirement that the person detained be informed of the grounds of the arrest and produced before a magistrate within 24 hours of the arrest. In addition to that, the Protection of Human Rights Act,1993 was enacted, which established the National Human Rights Commission(NHRC) whose work is to keep a view on human rights violations, including custodial torture.
Statutory Provisions (IPC, CrPC, etc.)
Even India’s criminal laws provide safeguards against custodial abuse by penalizing those who commit it. The Indian Penal Code (repealed by Bhartiya Nyaya Sanhita) specifically includes Section 330, ‘Voluntarily causing hurt to extort confession,’ while Section 331 addresses ‘Voluntarily causing grievous hurt to extort confession.’ Additionally, Section 348 of the IPC imposes penalties for wrongful confinement aimed at extorting confessions or information, and Section 376(2) prescribes harsher punishment for custodial rape committed by police or prison staff. Moreover, any assault committed by the police can also lead to charges under general assault statutes, such as Sections 323-338 of the IPC.
Under the Criminal Procedure Code, specific provisions are in place to safeguard detainees, such as Section 50 – Any person arrested without a warrant shall be informed of the grounds of the arrest, and Section 167 – A detainee must be presented before a magistrate within 24 hours of the arrest. Furthermore, Section 50 of the CrPC limits the use of force against detainees, in cases of arrest without a warrant, to handcuffing without legal justification. On the other hand, any confession made to the police during custody is inadmissible under the Indian Evidence Act (repealed by Bhartiya Sakshya Adhiniyam, 2023), deterring forced confessions. he United Nations Convention Against Torture (UNCAT) is an international treaty relating to human rights that aims to prevent torture and other cruel, inhuman, or degrading treatment or punishment. It was adopted by the UN Assembly in 1984, and it entered into force in 1987. This convention obligates parties to the convention to criminalize torture, investigate and prosecute torture allegations.
in February 2025, the High Court of Justice in London, King’s Bench Division, rejected the extradition of Sanjay Bhandari to India on the ground of custodial torture. Bhandari is an Indian national facing money laundering and tax evasion charges in India. The Court believed that custodial torture was ‘commonplace and endemic’ in India and thus, Bhandari’s extradition would be a breach of his human rights.
Landmark Case Laws
The Supreme Court also intervened in many cases to restrain custodial abuse. In D.K. Basu vs. State of Bengal, the court took Suo motu cognizance of a custodial death and issued binding guidelines. These guidelines are: an arrest memo should be made in triplicate; at least one relative of the detainee should be informed; and the use of coercion is strictly forbidden. Similarly, in Arnesh Kumar vs State of Bihar, the court directed police, to prevent arbitrariness, to justify the arrest of the accused with a checklist in writing if possible, and issue a notice.
In Sunil Batra vs Delhi case, the Supreme Court struck down the provisions of the Prisoners Act,1900, which ultimately violates the fundamental right of the prisoners guaranteed under Article 21 of the Constitution and upheld the right to life and dignity of the prisoners.
In cases such as People’s union for Civil Liberties vs State of Maharashtra, court held that any death due to torture by police shall be subject to the investigation by the Judicial magistrate empowered under section 176 of CrPC (now section 196 in BNSS). In recent case of 2021, Pravat Chandra Mohanty vs State of Odisha, court affirms that conviction by police officers for killing a detainee, calling custodial violence and crime against humanity.
Recent Statistics on Custodial Deaths and Abuse
According to SCConline.com, A study by the National Campaign Against Torture in 2019 found 1,723 custodial deaths recorded in that year, which means 5 deaths per day. Official data by Ministry of Home Affairs/NCRB figures states that India saw over 4,400 deaths in custody (police + judicial) during the year 2022-2022. NHRC data for April 2020 – March 2022 reports 4,206 deaths in judicial custody and 278 deaths in police custody nationwide. Nearly 21% of these deaths occurred only in Uttar Pradesh.
Beyond deaths, NGO and media investigations report a large number of torture and illegal detention cases. Human Rights safeguards organizations note that police routinely use torture and flout procedure with no such accountability. Further, a nationwide survey by police shows more than 60% of respondents admitted violence against suspects of serious crime, and more than 42% supported torture in terror cases. Although almost 75% of officers agreed that the procedure of legal arrest should be followed but only 41% of them do so consistently.
Recent Incidents
Several high-profile cases are also reported in India. In June 2020, a shopkeeper in Tamil Nadu named P. Jayaraj(59) and his son J. Bennix(31) died in police custody after allegedly being beaten brutally by police for lockdown curfew violation. Similarly, media reports from 2022 show victims dying in custody or shortly after release (officially due to suicide or natural cause), after being tortured allegedly.
Expert Commentary and Reform Proposals
Many scholars and activists highlighted the deep structural problems in India. Overcrowded jails and overworked, Undertrained Police officers ( approx. 156 officers are for per 10,000 people) create pressure for abuse. Political interference and aggressive police are also factors, for example, UP’s CM’s declaration of “knocking down the criminals” has emboldened officers to commit excess torture and abuse.
In the views of Legal experts, many safeguards are ignored on a routine basis, such as the Supreme Court guidelines on D.K. Basu’s case, which have been poorly implemented. Moreover, even the magistrates neglect their duty to inspect the guidelines frequently.
In 2017, the Law Commission urged to implementation of anti-torture measures, and concerning it, the Supreme Court in 2019 directed all the states to consider the Prevention of Torture Bill, 2017 – but to date, no federal anti-torture law exists.
Academics and NGO regularly urge the government to implement anti-torture law (ratifying UNCAT) and strengthen NHRC’s enforcement powers. There is a need for the replacement of the Outdated Police Act,1861, with the Model Police Act,2006, which mandates the use of CCTV/video during interrogations, and harsh punishment for custodial crimes. Surveys suggest 79% of officers support human rights training and anti-torture measures and a large section of society will report abuse if it is legally protected.
Suggestions to Prevent Custodial Torture
Custodial violence is a very serious issue in India. To stop it, I would like to suggest that we need strong and clear steps. The first and most important thing is that India should make a special law to punish torture in police custody. Even though India has signed the United Nations Convention Against Torture (UNCAT), it has not made any law to punish such torture. The Prevention of Torture Bill should be passed as soon as possible.
Secondly, I say that the rules given by the Supreme Court in the ‘D.K. Basu case’ must be followed strictly. For example, the police must inform a family member when a person is arrested, and medical checks must be done after arrest. These steps help protect people from torture. But right now, many police officers do not follow these rules. The courts and magistrates should make sure the police obey the law.
Also, the police need better training. Many officers are not taught how to behave respectfully with people in custody. They should be trained on human rights, and they must be told that torture is not the right way to get information. There should be CCTV cameras in every police station to record what happens, especially during questioning.
The National Human Rights Commission (NHRC) must be made stronger. It should have the power to punish police officers who are guilty of torture or illegal detention. Right now, many cases go unpunished, and this encourages more violence.
Another important point is that the old Police Act of 1861 should be replaced with the Model Police Act, 2006. This new law has many good ideas like using technology, fair investigations, and stronger rules to protect people.
The author also believes that ordinary people should not be afraid to report police violence. For this, laws must be made to protect witnesses and victims. Awareness programs should be done in schools, colleges, and villages to teach people about their rights.
In short, strong laws, honest police training, working CCTV, active human rights bodies, and public awareness can help stop custodial violence. Police must remember they are protectors, not abusers. Only then can we make India a safer and more just country for everyone.
Conclusion
Custodial violence is one of the most serious and shameful violations of human rights in India today. It shows the failure of our law enforcement agencies to respect the rule of law and the dignity of individuals. Despite the Indian Constitution and various laws like the Indian Penal Code, Code of Criminal Procedure, and judicial guidelines aimed at preventing such abuse, custodial torture and deaths continue to occur frequently. This research has shown that the laws that are supposed to protect people are either not followed properly or are too weak to punish the wrongdoers.
The key reason for this problem is the lack of strict punishment and accountability for the police officers who commit such acts. Most of them are not punished or even suspended. Many times, the victims and their families are too scared to complain. There is also a lack of proper training for the police to handle suspects with respect and within the limits of the law. The guidelines from the Supreme Court in cases like D.K. Basu vs. State of West Bengal, and Arnesh Kumar vs. State of Bihar, are often ignored, and magistrates, too, sometimes fail to enforce the rules strictly.
India has signed the United Nations Convention Against Torture (UNCAT), but has not ratified it by making a strong anti-torture law. This shows a lack of political will to seriously address this issue. As seen in the recent example of the UK court rejecting Sanjay Bhandari’s extradition, the global community is also taking note of India’s failure to deal with custodial abuse. The delay in passing the Prevention of Torture Bill is disappointing and continues to allow gaps in our legal system.
There is a strong need for reform. The police system must be modernized by replacing the outdated Police Act, 1861, with the Model Police Act, 2006. CCTV cameras must be installed in all police stations, and every interrogation must be recorded. Police officers should be trained to respect human rights, and citizens should be made aware of their rights through public awareness programs.
The National Human Rights Commission (NHRC) must be empowered with more authority to take strong action against those involved in custodial violence. Laws should also protect whistleblowers and witnesses so that people feel safe to come forward.
In conclusion, custodial violence must be treated not just as a violation of law, but as a crime against humanity. India must take urgent and serious steps to end this inhuman practice. Strong laws, honest enforcement, better training, and awareness among citizens are the keys to ensuring that every person in custody is treated with respect, dignity, and justice. Only then can we truly say that India is a democracy where the rights of all are protected
This research paper is written by Sharad Purwar, a 3rd-year student of LLB at LLOYD LAW COLLEGE.