SYSTEMIC CHALLENGES IN PREVENTING CUSTODIAL DEATHS

AUTHOR – ABHISHEK S* & MS. PRIYANKA GUPTA**

* STUDENT OF AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

** PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

BEST CITATION – ABHISHEK S & MS. PRIYANKA GUPTA, SYSTEMIC CHALLENGES IN PREVENTING CUSTODIAL DEATHS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 812-823, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Storage mortality is a grave issue in India, and it raises significant issues regarding human rights abuses, police accountability and institutional failure. It tries to avoid instances of torture and death in police and trials, even though provisions have been made by constitutional guarantees and laws to avoid violence against storage. This research critically analyzes the legal framework of custodial deaths in India, such as constitutional provisions, statutory laws, and international obligations. Judicial intervention has come a long way in holding the police accountable, e.g., milestone cases like D.K. Basu v. It has established significant guidelines to the protection of West Bengal detainees and Nirabati Behera vs. Odisha. But issues like no independent surveys, institutionalized impunity, political pressures and non-use of judicial directions are still obstacles for the smooth operation of repair mechanisms. A comparative examination of death prevention mechanisms in detention in the United Kingdom and the United States underscores the need for independent surveillance agencies, improved forensic practices and an effective legal deterrent in India. Systemic issues in the law enforcement and judicial apparatus are identified, and reforms suggested to enhance legal protection mechanisms, accountability, and prevention of violence in custody. The research concludes by calling for strong mechanisms for policy reform, compliance with existing laws, and monitoring of custody practices to move forward with justice and safeguard fundamental rights to life and dignity. Custodial deaths, police brutality, human rights violations, torture in custody, legal framework, judicial accountability.

KEYWORDS : Custodial deaths, police brutality, human rights violations, torture in custody, legal framework, judicial accountability.