Context: The gruesome death of a security guard in police custody in Tamil Nadu is yet another grim addition to the long and growing list of custodial deaths in India.
Relevance of the topic:
Prelims: Existing mechanisms to prevent Custodial Violence in India.
Mains: Custodial Violence in India: Safeguards, Limitations, Reforms needed.
Existing mechanisms to prevent Custodial Violence in India
1. Constitutional Safeguards:
- Article 21 guarantees the fundamental right to protection of life and personal liberty.
- No person shall be deprived of their life except according to the procedure established by law.
- It provides the right to live with dignity and free from any form of torture or cruel, inhuman, or degrading treatment.
- Article 22(1): No person who is arrested shall be detained in custody without being informed of the grounds for such arrest.
- Article 22(2): Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of 24 hours of such arrest.
- Article 20(3): No person accused of an offense shall be compelled to be a witness against themselves. Individuals cannot be forced to provide evidence or testimony that may incriminate themselves.
2. Statutory Safeguards:
- Section 41A of CrPC: Provides safeguards such as informing the accused of their rights and providing access to legal aid. It ensures that neither the accused’s rights are deprived nor they are unfairly treated during and after the arrest.
- Section 176(1)of CrPC: Requires a Judicial Magistrate or Executive Magistrate to launch an investigation when a person passes away while in custody or any other location where the person is receiving institutional or state care.
- Section 25 of Indian Evidence Act, 1872: A confession made to a police officer is prohibited and cannot be admitted in evidence. The fundamental principle underlying is that a police officer may subject an arrested person to severe torture and force him to confess to the guilt of a crime that he may not have committed.
3. Judicial Guidelines:
- D.K. Basu v. State of West Bengal (1997): The Supreme Court laid down strict guidelines related to custodial violence and deaths. These guidelines are to be followed in all cases of arrest and detention until legal provisions are made for the safeguard of a person in custody.
- Prakash Singh v. Union of India (2006): The SC mandated the creation of police complaints authorities led by retired judges, at the State and district levels to address complaints against police misconduct.
- Paramvir Singh Saini v. Baljit Singh (2020): The SC mandated the installation of CCTV cameras in police stations and lockups, and affirmed victims’ right to access the footage.

Associated Challenges:
- Lack of Sensitisation:
- Police personnel often normalise custodial violence as a necessary means to achieve justice, especially when the formal legal process is seen as slow and ineffective.
- Public reaction to custodial violence is inconsistent and often shaped by the nature of the case.
- Legal Issues:
- India lacks a stand-alone domestic law criminalising torture.
- India has signed but not ratified UNCAT (United Nations Convention Against Torture). This reflects a lack of political will to implement international human rights obligations.
- Section 27 of the Indian Evidence Act, 1872 permits the use of material recovered (as evidence) as a result of confessions from the accused. This loophole enables the continued use of custodial torture to produce evidence that is admissible in court.
- Weak Institutional Accountability:
- Minimal compliance with the SC mandate (2020) to install CCTV cameras in police stations. Acts of torture often occur outside police stations. Even where cameras are installed, the access to the footage is usually denied citing non-functionality of cameras.
- Absence of Police Complaints Authorities: Most States have failed to establish these authorities. Even if they exist, their credibility is compromised by the inclusion of serving police officers as members.
- Lapses in Magisterial Oversight: Magistrates often fail to fulfil their intended role, which includes scrutinising the grounds for arrest, physically examining the accused for signs of torture, and engaging meaningfully with them to uncover any evidence of mistreatment.
- Medico-legal examinations are often reduced to a mere formality. This systemic failure contributes to the abysmally low conviction rates in cases of custodial torture and deaths.
- Absence of authoritative data on custodial violence. In the absence of accurate data, the accountability mechanisms remain weak.
Law Commission’s 273rd Report (2017) recommends enacting a stand-alone Anti-Torture law in India and ratification of the UN Convention against Torture, amendments to the Code of Criminal Procedure (CrPC) 1973, and the Evidence Act, 1872.
NHRC Guidelines for Police Reforms (2021)
- Set up Police Complaints Authorities: National Human Rights Commission (NHRC) has asked the Union Ministry of Home Affairs and the State Governments to set up the Authorities at the State/UT and district level, as per the judgment in Prakash Singh vs. Union of India, 2006. The status of compliance should be displayed on the websites of the Ministry and the State Home Departments.
- Add Section 114 B to Indian Evidence Act, 1872: Implement recommendations of the 113th report of the Law Commission to add Section 114 B to the Indian Evidence Act. This would ensure that in case a person sustains injuries in police custody, it is presumed that the injuries were inflicted by the police and the burden of proof to explain the injury lies on the authority concerned.
- Make legal framework technology-friendly to speed up the criminal justice system. Install CCTV cameras with night vision in all police stations immediately to ensure accountability.
- Community Policing: Involvement of trained social workers and law students with police stations as part of community policing and incorporating community policing in police manuals, laws and advisories.
Way Forward
- Set up district-level mental health units with mandatory quarterly counselling, and refresher sensitisation courses for detainees and for officers. This will institutionalise mental wellness within law enforcement.
- Reforms in Police training: The curriculum needs a redesign to include human rights sensitisation, trauma-informed investigation methods and community policing models.
- Implement robust training programmes that not only equip police personnel with modern policing methods, but also sensitise them to their own implicit biases.
- Technology as a safeguard: CCTV cameras in areas where people are in custody should be operational, tamper-proof, and subject to real-time audits.
- Comprehensive Anti-Custodial Violence Law with time-bound investigation mechanisms, mandatory video documentation of interrogations, and civil society involvement in oversight.
“Every custodial death not just marks the end of one life but also the failure of the state’s moral contract with its people.”
To break this cycle, India needs to invest not just in policing but also in the emotional, ethical, and structural reform of law enforcement. This is needed so that the institution is viewed not as a symbol of unyielding authority, but of service, restraint, and human responsibility.










