Custodial Deaths in India

Introduction

Custodial deaths in India expose a serious failure of policing, accountability and respect for basic human rights. Despite clear constitutional protections and Supreme Court guidelines, torture and high-handed methods remain common in police custody.

Data from official reports shows that investigations, convictions and relief to victims are rare, so this pattern of custodial torture and death continues to remain unchecked.

Data and facts related to Custodial Deaths in India

According to Status of Policing in India Report (SPIR) 2025 – Torture and Police High-handedness, police apathy and high handedness remains a major factor behind custodial deaths in India. Some of the data and facts related to Custodial deaths are given below:

1. Low conviction rate of guilty police officers – Not a single police officer has been convicted for 1,107 deaths in police custody between 2011 and 2022, according to NCRB data.
2. NHRC disposal pattern- In 2023, the NHRC disposed of 281 cases of deaths in police custody. However, relief from custodial torture was granted in only 1 case out of 281 cases.
3. Low coverage of Judicial and magisterial inquiries- For 394 custodial deaths reported between 2018–22, judicial inquiries were ordered in 41% of cases and magisterial inquiries in 34%.

• Some smaller states reported no inquiry of any kind in any custodial death during this period.

Reason for Custodial Deaths in India

1. Torture as routine method: Torture and “third-degree” are widely used as standard tools to extract information and confessions, causing severe internal injuries and death.

• For ex- National Campaign Against Torture (NCAT) found that out of 1,731 custodial deaths in 2019, about 74% of police-custody deaths were linked to alleged torture or foul play. This shows that torture is not exceptional but systemic.

2. Militant policing mindset: A section of police justifies violence for “effective crime control” and believes fear of the police is necessary, normalising excess force.

• For ex- Over 55% of police personnel say it is important to use “tough methods to create fear among the public

3. Violation of safeguards of detention- Status of Policing in India Report (SPIR’s) analysis of NCRB data shows that around 60% of deaths in police custody between 2018–22 occurred within 24 hours of arrest, before the person effectively reaches magistrate / lawyer protection. This indicates failure of arrest and production safeguards.
4. Delayed and compromised medical care- Injuries from custodial beatings are under-recorded. The medical treatment is often delayed or is superficial. This often turns preventable harm into fatality.
5. Targeting of the marginalised- Victims are often poor, Dalits, Adivasis, minorities or migrants, with weak legal and social protection, making them easy targets of custodial violence.
6. Impunity and weak accountability- FIRs, fair inquiries, sanction for prosecution and convictions against erring officers are rare. These encourage repeated custodial abuse.
7. Manipulated records and post-mortems- Arrest times, cause of death and injury details are fudged, hiding true causes and shielding perpetrators.
8. Social acceptance and legal gaps- India has not ratified the UN Convention Against Torture, and lacks a specific anti-torture law.

Initiatives Taken to Overcome the Issue of Custodial Deaths in India

Constitutional Provisions:

1. Article 21: Constitution guarantees the right to life and personal liberty, which includes protection from torture and inhuman treatment.
2. Article 20(3): Protects individuals from being compelled to be witnesses against themselves, safeguarding them from coercive interrogation.
3. Article 39A: Ensures free legal aid to ensure that no citizen is denied justice due to economic or other disabilities.
4. Article 22: Provides safeguards against arbitrary arrest and detention, including the right to be informed of the grounds of arrest and the right to consult a lawyer.

Legal Provisions

1. IPC-Sections 330 (voluntarily causing hurt to extort confession) and 348 (wrongful confinement to extort confession).
   2. CrPC- Section 176 mandates a judicial inquiry into custodial deaths.
   3. Protection of Human Rights Act, 1993- The Act established the NHRC and SHRCs to investigate custodial violence and recommend action.
   4. BNS Provisions- The BNS maintains provisions related to wrongful restraint and illegal detention, which are often precursors to custodial abuse. E.g. Section 176 (causing hurt by public servant), Section 177 (causing grievous hurt by public servant), Section 178 (wrongful confinement by public servant).

Way forward

1. Enact anti-torture law and ratify UNCAT- Law Commission’s 273rd Report (2017) urged a specific anti-torture law and ratification of the UN Convention Against Torture. India must do so at the earliest.
2. Independent investigation & Police Complaints Authorities- Supreme Court’s direction in the Prakash Singh (2006) case for independent Police Complaints Authorities to probe custodial deaths, must be followed.
3. Strict enforcement of arrest safeguards & CCTV- SC guidelines for custodial torture must be followed in letter and spirit.

• SC guidelines in theK. Basu case provides for arrest memos, 24-hour production and medical checks.
• In Paramvir Singh Saini (2020) case, the SC has mandated CCTV in all police stations to deter torture.

4. Early legal aid and magistrate vigilance- SPIR shows most deaths occur within 24 hours of arrest. This calls for compulsory steps for private meetings with legal-aid lawyers and proactive questioning by magistrates.
5. Independent, rights-based medical examination- Adopting Istanbul Protocol standards for documenting torture, with independent forensic doctors and video-recorded examinations, would reduce false “natural death” certificates.
6. Automatic judicial inquiry in every custodial death- NHRC already insists on intimation within 24 hours. Making time-bound judicial inquiry and public reporting mandatory can close the current inquiry gaps.

Conclusion

Custodial deaths are not isolated incidents but the result of routine torture, weak safeguards and deep impunity within the system. Data from NCRB, SPIR and NHRC shows almost no convictions and little relief for victims. Only firm legal reforms, independent oversight and early safeguards can make custody truly safe and lawful for every person, in every lockup.

For detailed information on Custodial Violence in India read this article here

Question for practice:

Examine the key reasons behind custodial deaths in India and suggest measures to address systemic failures in police accountability.

Source: The Hindu