FROM CUSTODY TO COFFIN: A LEGAL AUTOPSY OF STATE VIOLENCE
AUTHOR – PARIDHI JAIN, STUDENT AT UNIVERSITY OF PETROLEUM AND ENERGY STUDIES
BEST CITATION – PARIDHI JAIN, FROM CUSTODY TO COFFIN: A LEGAL AUTOPSY OF STATE VIOLENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 937-943, APIS – 3920 – 0001 & ISSN – 2583-2344.
INTRODUCTION
WHO WILL POLICE THE POLICE?[1]
What happens when the protectors of the law become its violators?
Custodial torture and death strike at the heart of the heart of constitutional democracy and the rule of law. In a country that enshrines the right to life and personal liberty under Article 21of [2]the Constitution of India, the routine abuse of power by law enforcement authorities raises serious legal and ethical questions.
The case of Rajakannu v. State of Tamil Nadu [3]is a stark reminder of a grim reality faced by marginalized individuals in the criminal justice system. It not only exposes the brutality of custodial violence but also underscores the judiciary’s critical role in upholding fundamental rights, awarding compensations and ensuring state accountability.
Indian Judiciary played a crucial role in preventing custodial torture through directives issued in various cases including D.K Basu Case[4], Arnesh Kumar Singh Case[5] and others. The main question, however, is whether the judiciary has given so many judgements for the prevention of custodial tortures and deaths, then why do we find cases related to these issues? Are these judgements just on paper and are not actually implemented in real life? Police is the executive body in India, and it is their role to execute the judgements given by the judiciary. The main issue in the case of Rajakannu v State of Tamil Nadu [6]was the death of Rajakannu due to custodial torture. Therefore, the main problem in this case was the investigation against the police themselves who are supposed to protect society and not become a threat to society.
[1] Prem Chand (Paniwala) v. Union of India, AIR 1981 SC 613, (1981) 1 SCC 639 (India).
[2] INDIA CONST. art. 21.
[3] Rajakannu v. State of Tamil Nadu, H.C.P. No. 711 of 1993, (1994) 2 LW (Crl) 680 (Madras High Court).
[4] D.K. Basu v. State of W.B., (1997) 1 SCC 416, AIR 1997 SC 610 (India).
[5] Arnesh Kumar v. State of Bihar, AIR 2014 SC 2756, (2014) 8 SCC 273 (India).
[6] Rajakannu v. State of Tamil Nadu, H.C.P. No. 711 of 1993, (1994) 2 LW (Crl) 680 (Madras High Court).