A CRITICAL ANALYSIS ON CUSTODIAL VIOLENCE IN INDIA

AUTHOR – ANKITA BISWAS, LLM (CRIM.LAW) SCHOLAT AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – ANKITA BISWAS, A CRITICAL ANALYSIS ON CUSTODIAL VIOLENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 157-165, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Incidents of police brutality frequently dominate news headlines and invite sharp public criticism. Allegations of excessive violence by police forces have emerged from nearly every corner of India. This often leads to the damaging perception that the police force is overrun by individuals who derive satisfaction from inflicting pain and suffering. However, this generalization is misleading. Many police officers carry out their duties with considerable dedication, enduring immense pressure and stress associated with their roles. Despite stringent rules laid down in official police manuals that explicitly prohibit the misuse of power, some officers still resort to extreme and unlawful methods, believing they can evade accountability. The culture of protection by both seniors and subordinates only strengthens this dangerous assumption, resulting in deaths in custody that often generate more controversy than concrete justice.

The 1977 National Police Commission conducted investigations into custodial abuses across nine states and discovered police involvement in a majority of the cases—out of 432 administrative inquiries, police culpability was confirmed in 23 of 37 cases examined by two external agencies and in 11 of 17 administrative probes. The Commission recommended that custodial death cases should not require dual judicial inquiries. This research seeks to examine the issue of custodial violence from multiple dimensions.

Custodial violence includes all forms of abuse that occur or judicial institutions. It encompasses not just physical torture but also custodial rape and unexplained deaths. This issue is not new to the Indian context. Provisions such as are meant to prevent police from using unlawful means during interrogation. Nonetheless, custodial torture continues. The NHRC’s 1993 guidelines require every custodial death or rape to be reported within 24 hours. The report must include a post-mortem video recording, autopsy report, and medical details—even in cases of natural death or illness. Apart from torture, deaths occur due to disease, suicide, and inmate-on-inmate violence, with around 20% attributed to medical negligence and poor prison conditions.

Key service deficits—like inadequate healthcare, poor nutrition, and lack of trained personnel worsen the situation. For meaningful reform, proper oversight and accountability within police forces are essential. Human rights training and adequate staffing, especially medical and female officers, are critical. The NHRC has urged that state Human Rights Cells become more proactive in ensuring healthcare and dignity in prison systems. Such incidents of custodial death are not only a national shame democracy. Global awareness and pressure standards are steadily increasing.