CUSTODIAL VIOLENCE IN INDIA: A CRITICAL ANALYSIS OF LEGAL SAFEGUARDS AND ENFORCEMENT MECHANISMS

AUTHORS – G K DARSHAN RAJ* & MS SREE LEKSHMI**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – G K DARSHAN RAJ & MS SREE LEKSHMI, USTODIAL VIOLENCE IN INDIA: A CRITICAL ANALYSIS OF LEGAL SAFEGUARDS AND ENFORCEMENT MECHANISMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 491-494, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Custodial violence remains one of the most pressing human rights challenges within the Indian criminal justice system. Despite a robust constitutional framework and multiple statutory safeguards, incidents of torture, abuse, and custodial deaths continue to occur with alarming frequency. This paper critically examines the legal and institutional mechanisms designed to prevent custodial violence in India and evaluates their effectiveness. It explores the historical roots of custodial abuse, analyzes constitutional protections, statutory provisions, and judicial interventions, and identifies structural deficiencies that perpetuate impunity. The study argues that while India possesses a strong normative legal framework, enforcement remains weak due to systemic issues such as lack of accountability, colonial policing structures, and absence of specific anti-torture legislation. The paper concludes with recommendations for legislative reforms, institutional restructuring, and technological interventions to ensure accountability and protection of human dignity.