Custodial Violence
1. Meaning
Custodial Violence refers to physical or mental torture, abuse, or ill-treatment inflicted on a person by police, law enforcement officials, or prison authorities while that person is in custody—whether in police lock-up, jail, or other detention centers.
This violence occurs during arrest, interrogation, or detention and violates fundamental human rights.
2. Forms of Custodial Violence
Physical torture: Beating, whipping, electric shocks, acid attacks, or other forms of physical abuse.
Mental torture: Threats, humiliation, intimidation, solitary confinement, or psychological abuse.
Sexual violence: Sexual assault or harassment in custody.
Deprivation: Denial of food, water, medical aid, or sanitation.
3. Legal Provisions Against Custodial Violence in India
| Provision | Description |
|---|---|
| Article 21, Constitution | Right to life and personal liberty includes protection against custodial violence. |
| Section 330 IPC | Voluntarily causing hurt to extort confession or compel restoration of property (Punishable up to 3 years). |
| Section 331 IPC | Voluntarily causing grievous hurt to extort confession (Punishable up to 10 years). |
| Section 342 IPC | Punishment for wrongful confinement. |
| Section 304 IPC | Punishment for culpable homicide not amounting to murder (in cases of custodial death). |
| Protection of Human Rights Act, 1993 | Provides for human rights commissions to investigate abuses. |
| CrPC Section 176(1A) | Magistrate must conduct inquiry into custodial deaths. |
| Police Rules and Guidelines | Rules against torture and custodial abuse, including mandatory medical examinations (e.g., D.K. Basu Guidelines). |
4. Judicial Safeguards and Guidelines
D.K. Basu v. State of West Bengal (1997) 1 SCC 416
Supreme Court issued guidelines to prevent custodial torture, including:
Police must prepare arrest memo with signature of witness.
Immediate medical examination of the arrested person.
Informing family of the arrest.
Police officers must wear identification badges.
Interrogation should be conducted in presence of lawyer or friend.
Nilabati Behera v. State of Orissa (1993) 2 SCC 746
The Court awarded compensation to family of custodial death victim.
Emphasized State liability for custodial violence.
Joginder Kumar v. State of UP (1994) 4 SCC 260
Reinforced the right against arbitrary arrest and custodial abuse.
5. Causes of Custodial Violence
Desire to extract confession or information quickly.
Lack of police accountability and oversight.
Poor training and inhuman working conditions.
Culture of impunity and police excesses.
Overcrowded prisons and detention centers.
6. Impact of Custodial Violence
Violates constitutional and human rights.
Causes physical and psychological trauma.
Undermines public confidence in the justice system.
Leads to miscarriages of justice through forced confessions.
7. Remedies and Preventive Measures
Filing complaints before Human Rights Commissions.
Judicial inquiries and compensation for victims.
Implementation of D.K. Basu Guidelines and other protocols.
Police reforms, training, and sensitization.
Use of CCTV cameras in police stations and interrogation rooms.
Strengthening legal aid for arrested persons.
Strict enforcement of laws and prosecution of offenders.
8. Summary Table
| Aspect | Details |
|---|---|
| Meaning | Physical/mental abuse in custody |
| Legal Basis | Article 21, IPC Sections 330, 331, 342, Protection of Human Rights Act |
| Key Guidelines | D.K. Basu Guidelines for arrest and detention |
| Major Cases | D.K. Basu v. West Bengal, Nilabati Behera v. Orissa, Joginder Kumar v. UP |
| Remedies | Complaints to Human Rights Commission, compensation, police reforms |
RELATED Blog
0 comments