Context
A Tamil Nadu court recently awarded the death penalty to all nine policemen convicted in the 2020 Sattankulam custodial murder case, reviving national debate on custodial violence and police accountability in India.
Custodial death refers to the death of a person in police or judicial custody due to physical assault, torture, psychological pressure, or medical negligence.
Status of Custodial Deaths in India
The issue remains a serious human rights concern:
- The NHRC reported 2,739 custodial deaths in 2024, rising from around 2,400 in 2023.
- FY 2025–26 recorded 170 custodial deaths, compared to 140 in FY 2024–25.
- Bihar recorded the highest police custody deaths, followed by Rajasthan and Uttar Pradesh.
- Despite 2,253 police custody deaths between 1999 and 2023, only three convictions took
place, highlighting a severe accountability gap.
Major Causes
Colonial Policing Structure
The Indian Police Act, 1861 continues a colonial model focused more on control than citizen protection.
Police Brutality
Use of “third-degree” torture methods for extracting confessions remains prevalent due to weak forensic and scientific investigation practices.
Prison Overcrowding
Indian prisons function at 120.8% occupancy, resulting in poor living conditions and neglect.
Legal and Institutional Gaps
India signed the UN Convention Against Torture (UNCAT) in 1997 but has neither ratified it nor enacted a separate anti-torture law.
Further, Section 218 of BNSS requires prior government sanction before courts take cognisance of offences against public servants, often delaying prosecution.
Constitutional and Judicial Safeguards
- Articles 20, 21 and 22 protect individuals from arbitrary arrest, self-incrimination and illegal detention.
- NHRC Guidelines (1993) mandate reporting of custodial deaths within 24 hours.
- In Hansura Bai Mandate (2025), the Supreme Court directed that investigations be transferred to independent agencies if local police are involved.
- Section 196 of BNSS provides for magisterial inquiry into custodial deaths.
Important Judicial Precedents
- D.K. Basu vs State of West Bengal (1997): Laid down 11 guidelines regarding arrest and detention.
- Prakash Singh vs Union of India (2006): Ordered creation of Police Complaints Authorities.
- Paramvir Singh Saini vs Baljit Singh (2020): Directed installation of CCTV cameras with
audio in police stations.
Way Forward
India needs police reforms, independent investigations, scientific policing methods, prison reforms, and a comprehensive anti-torture law to ensure accountability and protection of human rights.