Introduction
1.1. Definition and Meaning of Custodial Violence
Under police or judicial custody, the term custodial violence describes physical or psychological and sexual conduct of abuse towards detainees. Human rights violations experienced under police or judicial watch encompass torture together with illegal detention and extrajudicial killings and custodial deaths.[1] Physical assault remains within this definition but mental coercion and intimidation alongside neglect which result in severe injury and death are also included. India has signed the United Nations Convention Against Torture (UNCAT) but has not adopted it through ratification even though this document defines torture as intentional acts which cause severe pain or suffering to extract confessions or impose punishment on individuals.[2]
The laws of India address the issue of custodial violence utilizing both constitutional protections and statutory government regulations. Under Article 21 of the Indian Constitution the right to personal liberty and life exists together with Bharatiya Nagarik Suraksha Sanhita, 2024 (BNSS) offering punishments through the Bharatiya Nyaya Sanhita, 2024 (BNS)for public servant violence. Legal safeguards exist but custodial violence cases remain reported which indicates criminal justice system-wide problems exist.[3]
1.2. Historical Perspective and Evolution of Custodial Violence in India
During the colonial era the British authorities established a police system that prioritized their colonial rule rather than protecting the citizens which established the foundation for future instances of custodial violence in India. The British-imposed repressive policing system at colonial times continues to impact how modern law enforcement structures function after India achieved independence.[4]
The Police Act of 1861 emerged to enhance colonial governmental authority over police departments after the 1857 Revolt occurred. The enactment of this act created foundational elements of authoritarian policing along with military-style enforcement while anti-public service orientations prevailed. The Indian government established democratic principles through its constitution yet the law enforcement structure stayed true to historic models after gaining independence. The practice of third-degree interrogation and extrajudicial deaths and coerced confessions from police detainees stem from colonial policing methods that continue to harm Indian citizens today.[5]
During the post-independence era multiple important cases alongside legal actions were conducted to limit the occurrence of custodial violence. The D.K. Basu v. The Supreme Court established fundamental guidelines to protect arrested individuals’ rights through its ruling in the State of West Bengal (1997) case. Such attempts at prevention do not stop custodial violence from occurring while showing systemic problems that require immediate changes.[6]
[1]V.N. Sukhla, Constitution of India 827-854 (Eastern Book Company, Lucknow, 10th ed., 2000, reprinted 2007).
[2]Komal K. Kapoor and Sarthak Kapila, “Custodial Torture: A Gross Violation of Human Rights” 125 Journal of Legal Studies Research 125 (2016).
[3]Y S Bansal, Murali G and Dalbir Singh,” Custodial Deaths-An Overview of the Prevailing Healthcare Scenario,” 32 JIASM 315.
[4]S.K. Ghosh, Torture and Rape in Police Custody: An Analysis, 15(1993).
[5]R.K.Ray, “Custodial Crime: Causes and Remedeies”, CBI Bulletin (1996).
[6]Puppul Srivastava, “Custodial Crime in India: A Grave violation of Human Rights” 225 Cri.LJ (2005).