CUSTODIAL DEATHS IN INDIA: POLICE ACCOUNTABILITY AND THE EMERGING FRAMEWORK UNDER BNS, BNSS AND BSA
AUTHOR – SHIVA A, STUDENT (LAW) AT CHRIST (DEEMED TO BE) UNIVERSITY
BEST CITATION – SHIVA A, CUSTODIAL DEATHS IN INDIA: POLICE ACCOUNTABILITY AND THE EMERGING FRAMEWORK UNDER BNS, BNSS AND BSA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 616-625, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/UNJV1796
Abstract
Custodial deaths in India are a major problem that indicates the misuse of police powers and the overall system in the country, despite the presence of constitutional provisions and the existence of judicial rules and regulations. The recent amendments in the Indian Criminal Justice System through the Bharatiya Nyaya Sanhita (BNS, 2023), Bharatiya Nagarik Suraksha Sanhita (BNSS, 2023), and Bharatiya Sakshya Adhiniyam (BSA, 2023) provide a ray of hope for the Indian legal system.This report seeks to answer the following questions: Have our reforms really made us safer in terms of deaths in custody? How do our oversight and redress mechanisms actually work? It examines the latest laws, court judgments, institutional reports, and data to reveal what has improved and what still lags behind. While there is more clarity in the laws regarding judicial and magisterial oversight, arrest, remand, and admissibility of evidence, there is still inadequate enforcement, under-reporting of incidents, inconsistent methods in investigations, and delays in holding people to account.On the basis of this research, the paper suggests specific recommendations that could help enhance transparency, strengthen the enforceability of the law, and provide better access to justice to victims and their families. The conclusions drawn from this paper suggest that while the new laws represent progress, the true measure is how well they translate into practice.
Keywords – Custodial Deaths · Police Accountability · Judicial / Magisterial Inquiry · Evidence Admissibility · Torture and Ill-Treatment · Institutional Oversight.