Custodial violence in India

Sai Vikranth Deshpande


In the legal language, the term “Custody” is defined as any point in time when an individual’s freedom of movement has been denied by law enforcement agencies, or during arrests, prosecution, sentencing, and correctional confinement . Criminals or detainees taken into custody are subjected to torture by the police and also sometimes suffer death. These are known as custodial violence. The term “Custodial violence” is nothing but violence in police custody or in judicial custody. The term “custodial violence” has not defined under any law. Besides death, rape as well as torture are two other forms of custodial violence. Custodial violence is not a recent phenomenon. Unexpected and Sudden death in custody is commonly associated with allegations of torture against law enforcement agencies. Delay in providing basic medical care is one of the commonest allegations by the relatives against jail authorities. Considering the gravity of the situation, it may be argued that there is a strong need for better custodial management. Role of police is crucial in this regard. They should be trained in matters pertaining to human rights and prison management. There should be adequate number of medical personnel in prisons for prisoner’s welfare. New laws should evolve for the protection of prisoners and to get rid them from custodial violence; if not custodial violence is going to become never ending one. The author, in order to provide a comprehensive knowledge about this concept have also cited certain case laws for better understanding and tried to convey concept in a different way. There is a scope for conducting further research based on this topic. Thus, the author thinks that, this research might help for people those who want to conduct further research.

Keywords: Custody, Violence, Human Rights, Judicial custody

Preferred Citation:

Sai Vikranth Deshpande, Custodial violence in India, The Lex-Warrier: Online Law Journal (2019) 3, pp. 173 – 179, ISSN (O): 2319-8338

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