A CRITICAL ANALYSIS OF CUSTODIAL VIOLENCE IN INDIA, WITH A SPECIAL EMPHASIS ON HUMAN RIGHTS
AUTHOR – HARI ABISHEK P* & MS. SHILPA MEHROTRA**
* STUDENT AT AMITY LAW SCHOOL, NOIDA
** ASSISTANT PROFESSOR –III, AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA
BEST CITATION – HARI ABISHEK P & MS. SHILPA MEHROTRA, A CRITICAL ANALYSIS OF CUSTODIAL VIOLENCE IN INDIA, WITH A SPECIAL EMPHASIS ON HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 677-683, APIS – 3920 – 0001 & ISSN – 2583-2344.
CHAPTER 1
CONCEPTUAL FRAMEWORK & LEGAL PROVISIONS
Custodial violence strikes at the very heart of democracy, violating the fundamental human rights guaranteed by the Constitution of India and various international covenants. A comprehensive legal framework exists to prevent and address custodial violence, although the effectiveness of these legal instruments largely depends on their implementation. Analyzing this legal framework provides insights into the strengths, gaps, and challenges that characterize India’s efforts to combat custodial torture and deaths. At the apex of the legal structure lies the Constitution of India, which enshrines the principles of liberty, equality, and dignity. Article 21, often referred to as the “heart of the Constitution,” guarantees the right to life and personal liberty. The judiciary has interpreted this provision to include protection from torture and inhuman treatment, even during lawful detention. Further reinforcing this protection, Article 20(3) safeguards individuals against self-incrimination, thereby addressing the use of coercion and torture during custodial interrogation. Article 22 provides specific protections to arrested persons, including the right to be informed of the grounds of arrest, the right to consult a legal practitioner, and the requirement that an arrested person be produced before a magistrate within twenty-four hours. These constitutional guarantees lay the foundation for the legal response to custodial violence4.