CUSTODIAL DEATHS IN INDIA

AUTHOR – POKALA NEHA, STUDENT AT DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

Best Citation – POKALA NEHA, CUSTODIAL DEATHS IN INDIA, ILE LEX SPECULUM (ILE LS), 1 (1) of 2023, Pg. 26-31, APIS – 3920 – 0036 | ISBN – 978-81-964391-3-2.

Abstract

In India, we have seen many instances, where many suspects had died when they were in custody of police. Custodial deaths are one of the significant issue and it needs to be addressed. Strict punishments and action must be taken against the erring officers. Even individual, even suspects and convicts has fundamental rights. Custodial death is violating article 20 and 21 of Indian Constitution. Not only these it also violates many international conventions, sections under Indian Evidence Act, Code of Criminal Procedure. In order to control custodial deaths, Supreme court has issued guidelines. Custodial deaths includes the death happened during police custody, judicial custody. Most of the deaths happens because of the torture caused to the suspects by the police. Neglect, abuse, torture in custody are the main reasons for the death of the person in custody. We cannot say that all deaths which happened in the custody are because of torture, some can be natural also. For example, the suspect may be suffering from illness due to which he died. This article mentions about the custodial deaths, legislation’s which helps to control the custodial deaths, rights of arrested person, case laws relating to custodial death. The article deals with the concept of custodial death in India and the state having highest custodial deaths. Reasons for custodial death and the punishment for the officers involved in the death of the suspect were discussed in this article. Fake encounters are also one of the form of custodial deaths. It violates human rights and fundamental rights of an individual. Sometimes, innocent person who has no connection with the crime will be tortured to admit that he has committed the crime and due to which he may die due to torture.

KEYWORDS:- Custodial death, Torture, Neglect, Abuse, Fundamental rights, International conventions, Indian Evidence Act, Code of Criminal Procedure, Police custody, Judicial custody.