Custodial Violence in India

Source: The post Custodial Violence in India has been created, based on the article “Human rights and wrongs” published in “Indian Express” on 7 April 2025. Custodial Violence in India.

UPSC Syllabus Topic: GS Paper 2-Governance- criminal Justice system

Context: On 26th March 2025, Common Cause and the Lokniti Programme of CSDS released a comprehensive report on police torture and lack of accountability in India. Based on interactions with 8,276 police personnel across 17 states and union territories, the report explores the nature, causes, and extent of police violence in India.

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

1. Torture Targets: Victims of police torture are mostly from poor and marginalised communities, such as Dalits, Adivasis, Muslims, illiterates, and slum dwellers. These groups are highly vulnerable and often lack access to legal safeguards.
2. Custodial Deaths and Discrepancies: There are major differences in data on custodial deaths. In 2020, the NCRB reported 76 cases, the NHRC reported 70, and the NCAT recorded 111 cases. Disturbingly, between 2018 and 2022, there were zero convictions for deaths in police custody.
3. Prevalence of Harsh Methods: About 55% of police personnel support using “tough methods” to instil fear among the public. This includes 20% who think it is very important and 35% who think it is somewhat important.
4. Justification of Extra-Judicial Actions: One in four police personnel justify mob violence in sensitive cases like child lifting and sexual harassment. Also, 22% believe that killing dangerous criminals is better than giving them a legal trial.
5. Procedural Non-Compliance: Only 41% of police personnel say that arrest procedures are always followed, while 24% admit they are “rarely or never” followed. Kerala showed the best compliance, with 94% reporting that procedures are followed.
6. Inadequate Accountability Measures: The report criticises the role of judiciary and medical professionals. Magistrates are often “silent spectators” during remand hearings. Medical examinations are sometimes conducted by non-forensic experts, such as eye specialists or anaesthesiologists.
7. Training and Reform Support: There is strong support for reform. 79% of police personnel favour human rights training and evidence-based interrogation techniques. Also, 71% support preventive steps against torture.

For detailed information on India’s Extradition Challenges and Anti-Torture Law Absence read this article here

Way Forward

1. Torture is a global issue, with known cases in countries like the US, China, Pakistan, and Russia. But this cannot justify its use in India.
2. The report recommends that India should enact an anti-torture law, ratify the UN Convention Against Torture, and insulate police from political pressure as directed by the Supreme Court. 3. These steps can build a more humane, lawful, and trusted police force.

Question for practice:

Examine the key findings of the 2025 Common Cause–Lokniti report on police torture and lack of accountability in India.