AUTHOR – AMAN GUPTA* & DR MUDRA SINGH**
* LLM (CRIMINAL LAW) SCHOLAR AT AMITY LAW SCHOOL, LUCKNOW
** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, LUCKNOW
BEST CITATION – AMAN GUPTA & DR MUDRA SINGH, MISCARRIAGE IN CUSTODY: STATE LIABILITY FOR NEGLIGENCE AND ABUSE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 572-577, APIS – 3920 – 0001 & ISSN – 2583-2344
The issue of miscarriages of justice in custodial settings represents a grave violation of individual rights and an area of ongoing concern within legal systems globally. This paper examines the state’s liability for negligence and abuse in custodial settings, with a particular focus on India. Custodial negligence and abuse, whether perpetrated by state officials or arising from systemic failures, have resulted in numerous human rights violations. This paper seeks to address the scope of state responsibility in such cases and examines whether existing legal frameworks are effective in protecting detainees’ rights and holding the state accountable for breaches of duty. By analyzing landmark judgments, statutory provisions, and international law, the study explores how the state should be held liable for harm inflicted on detainees in custody. The research further considers the gaps in legal and institutional mechanisms that fail to prevent such abuses, proposing reforms aimed at enhancing detainee protections. The paper highlights key Indian judgments that reflect the legal landscape surrounding custodial abuse and negligence in India and globally. Ultimately, the aim is to contribute to a deeper understanding of the state’s role in safeguarding the rights of individuals deprived of liberty and the remedies available to victims of custodial abuse.
Keywords: Miscarriage of justice, Custodial negligence, State liability, Abuse in custody, Indian judicial precedents, Legal reforms, Detainee rights, Human rights law, India, Judicial accountability.