Custodial violence and abuse of power by the police authorities is an emerging issue of human rights violations and one of the major obstacles for well-being of human beings in a society. Custodial violence includes all kinds of physical and mental torture done to a person in police custody. It is a violation of human rights law and is on the peek in today’s world. According to a report made by NCRB (National Crime Records Bureau) it showed that between 2001 and 2018 there were 1727 death of custodial violence recorded in India. Along with that more than 2000 cases of Human Right violation were recorded against the police. But the conviction rate in these cases were low. Reasons for low conviction given by the authorities were suicide and death in hospitals while doing treatments.

Different methods of custodian violence are physical violence, physiological violence, Sexual violence, torture, ill-treating the accused. Custodial deaths are seen as a failure of an administrative system of a state. If, people in a country cannot trust the police authorities, then the security of that state is in eminent danger and human rights of people cannot be protected in that state anymore. Elements which constitute an act of custodial violence are:

• Severe mental or physical pain is inflicted on that person
• By the consent of the state authorities or the police authorities
• For gaining information form the accused or for any kind of punishment

Legal Provisions against Custodial Violence are:

• Article 21 of the Indian Constitution protects the citizens of India from Torture and prohibits use of torture techniques in custody of police for extracting information or as a form of punishment.
• Right to counsel is granted to every person under Article 22(1) of the Indian Constitution
• Under Code of Criminal Procedure, rule of arrest and how arrest is made are given under Sections 41, 41A, 41B, 41C, 41D.
• Under CRPC, section 49 which states the amount of restraint should be reasonable while arresting a person, he/she must not be subjected to more restraints that are necessary to prevent escape of him/her. Section 57 that the accused or any other person should not be detained for more than 24 hours in the custody.
• Under Indian Penal Code, Section 220 punishes any person who has a legal authority and uses that authority to confine any person, knowing that while doing this he/she is going against the law.
• Section 330 of IPC is prohibiting and punished any person with an authority who tries to extort a confession by causing hurt.
• Section 340 to 348 of IPC mainly deals with wrongful confinement and wrongful restraint.

So, these are the legal provisions that deal with custodial violence.

In the landmark judgement of case D.K. Basu v. State of West Bengal, the honourable Supreme Court of India observed, that using torture for interrogating and as a from of punishment is against Article 21 of the constitution and while seeing growing incidents of deaths due to torture in police custody, as it was in the case, the Supreme Court held that:

Such a crime must be interrogated and should be subject to proper interrogation as per the provisions of law. The person however cannot be subjected to torture or any third-degree methods to extract information about the case relating to his/her accomplices or about any weapons. The Supreme Court ruled that the burden of proof or explain the custodial deaths is on the police suspect rather than the victim.

Aishwarya Says:

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