“CUSTODIAL TORTURE: AN ANALYTICAL STUDY IN INDIAN PERSPECTIVE”
AUTHOR – MOHIT KANDWAL, STUDENT AT LAW COLLEGE DEHRADUN UTTARANCHAL UNIVERSITY
BEST CITATION – MOHIT KANDWAL, “CUSTODIAL TORTURE: AN ANALYTICAL STUDY IN INDIAN PERSPECTIVE”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 895-900, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
Custodial torture remains one of the most serious violations of human rights in India despite constitutional guarantees and legal safeguards. It refers to the physical, psychological, or emotional abuse inflicted upon individuals by law enforcement authorities while they are in custody. Such practices undermine the rule of law, human dignity, and public confidence in the criminal justice system. The Indian Constitution guarantees protection against arbitrary arrest and inhuman treatment under Articles 20, 21, and 22. Nevertheless, incidents of custodial violence, deaths, and illegal detention continue to be reported across the country. Judicial interventions, including landmark decisions of the Supreme Court, have attempted to establish safeguards against custodial abuse. This study critically examines the concept, causes, legal framework, judicial approach, and challenges associated with custodial torture in India. It further evaluates the effectiveness of existing laws and proposes measures to ensure accountability, transparency, and protection of human rights within the criminal justice system.
Keywords: Custodial Torture, Custodial Violence, Human Rights