Custodial Violence in India: Unveiling a Disturbing Reality

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The serious problem of custodial violence in India's legal system is highlighted in this article.
The paper examines the numerous manifestations and root causes of incarceration
violence, highlighting the urgent requirement for thorough change. It examines pertinent
court rulings that have set rules and victim compensation rights, such as the State of West
Bengal v. D.K. Basu and Nilabati Behera v. the State of Orissa.

he essay also discusses the drawbacks of protracted imprisonments, such as the

degradation of inmates' living circumstances and the infringement of their right to a fair
trial. It also looks at how frequently violence and torture are used as investigative
techniques as well as their negative impacts on both victims and society.

The paper offers legislation changes, law enforcement training programmes, independent
supervision structures, public awareness campaigns, and enough victim assistance to
address custodial abuse. Case law is used to illustrate how the judiciary recognised and
dealt with this problem. The essay ends by calling for cooperation between the government,
law enforcement, civil society, and the general public to end violence against prisoners and
promote human rights in the criminal justice system.

Once an FIR is logged or a crime is committed, the immediate next step taken by the police
is the arrest of the accused. It can be done with or without a warrant. In the cases where the
arrest has taken place, the investigation begins and if the arrest is done without a warrant,
According to Section 56 of the Cr.P.C., the police officer who arrests the accused without a
warrant should take that person to the Magistrate or Officer who is in charge of the police
station, without any delays.

Custodial Violence is a serious human rights issue that continues to cause violence in India's
justice system. It includes torture, ill-treatment and extrajudicial executions by the police
during detention. Despite the recognition of laws and international agreements, prison
violence remains an urgent problem that requires urgent attention and comprehensive
reform. This article shows the details, causes, consequences and steps to fix the deep
problem.

The problem of harassment and nonhuman treatment is faced by many accused who
remain in police custody. Section 167 of CRPC provides the police to have the accused
remanded if the investigation is not complete within 24hrs and if the police think that the
accusation is well-informed. The maximum period of police custody can only be 15 days.

The people kept in custody have faced violence and been a victim of torture. Custodial
viciousness alludes to brutality in police guardianship and legal authority. Other forms of
custodial violence include rape, torture, and the death penalty. Custodial brutality is not a
new peculiarity.

The delay in trials is the main reason for prisoners' bad and degrading conditions. The
condition of the Indian prisons. The right to a fair trial is adversely affected by prolonged
detention since it prevents adequate legal representation. It also places a significant
financial strain on the State. Beyond the psychological harm of confinement, the
"deplorable" conditions of Indian prisons, and the socioeconomic toll on the defendants'
families, pre-trial detention, in theory, violates the right not to be punished before a
competent court pronounces guilt.

The rejection of bail applications by the courts adds fuel to this situation. Though section
167 of CrPC states that after 90 days, bail becomes a right and must be granted, the accused
remain in custody on various grounds and the doctrine of presumption of innocence is
ignored.

Due to the delay in investigation and commencement of trial, the right to life of the accused
is breached and harassed. Early Indian Supreme Court precedent recognised the value of
expedited proceedings as well as the protection of life and individual liberty provided by
Article 21 of the Constitution.

During custody, various cases of violence are used against the accused to force him to speak
about what the prosecution wants. Given the likelihood of serving lengthy prison terms and
the National Police Commission's report that 60% of these arrests are "unnecessary or
unjustified," which the Supreme Court has acknowledged, entering guilty pleas is
increasingly seen as the fastest way to secure release. The accused plead guilty, thinking this
will provide them with some relaxation and a break from custodial violence.

Prevalence and Forms of Custodial Violence:

 Lack of accountability:
A culture of impunity prevails due to insufficient oversight and accountability. The
failure to investigate, prosecute and punish the perpetrators promptly and fairly has
led to the dissatisfaction of the authorities.

 Inadequate training and resources:

Inadequate training in human rights, arresting suspects, and investigation processes
can lead to excessive police use of force and child abuse. In addition, overcrowded
prisons and inadequate resources lead to increased stress and violence.

 Prevalence of torture as an investigative tool:

The use of force, including torture, to obtain confessions and gather information is
common practice. This is due to a false belief that this method leads to faster results
despite evidence to the contrary.

Resulting Effects and Implications

Custodial abuse has far-reaching effects that are seriously detrimental to both the victims
and society at large. Victims frequently suffer from long-term physical impairments, mental
health problems, and even death as a result of their extreme physical and psychological
stress. Beyond its immediate effects on the victims, custodial abuse weakens the rule of law,
and the public's confidence in law enforcement agencies, and feeds a vicious circle of
injustice and violence.

Addressing Custodial Violence: The Way Forward

Custodial violence must be properly addressed through a multifaceted strategy that
includes cultural, institutional, and legal reforms. Here are some crucial actions to take into
account:

 Legal reforms:
Strengthening the legal system by passing comprehensive legislation that expressly
criminalizes violence against detainees, offers protections for them, and assures that
offenders will be successfully prosecuted.

 Training and capacity-building:

To lessen the use of torture, law enforcement professionals should undergo regular
and thorough training programmes that concentrate on human rights, ethics, and
non-torture investigative methods.

 Establishing independent supervision systems, such as ombudspersons, special

investigative units, and police complaints agencies, to objectively look into claims of
custodial brutality and enforce responsibility.

 Sensitization and awareness campaigns can help victims and inspire a group effort
to stop such abuses by educating the public about their rights, the effects of
custodial abuse, and the necessity of reporting incidences.

 Victims of custodial abuse should get proper medical, psychological, and legal care to
promote their rehabilitation and assist their pursuit of justice.

State of West Bengal v. D.K. Basu, 1997:

To prevent custodial violence, the "D.K. Basu Guidelines" were developed in response to this
precedent-setting case. The Supreme Court ordered the filing of First Information Reports
(FIRs) in situations of wrongful death or torture and emphasized the significance of
protecting the rights and dignity of those who are in detention. The required medical
evaluation of the accused and the retention of documents to hold the relevant authorities
accountable were also included in these rules.

The Supreme Court acknowledged the right to compensate victims of custodial assault or
their families in Nilabati Behera v. State of Orissa (1993). The court decided that the state or
the authorities in charge of the human rights infringement should pay compensation. The
"absolute liability" of the state in circumstances of custodial assault was established by this
judgment.

2014's PUCL v. State of Maharashtra:

In this instance, the Supreme Court reaffirmed the significance of preventing custodial
violence and the demand for strong measures to do so. To prevent violence against
detainees and safeguard their rights, the court ordered that CCTV cameras be installed in
police stations and other sites of detention.

State of Haryana v. Sube Singh (2006) The Supreme Court highlighted the importance of
the assumption of innocence unless proven guilty in this case. It reaffirmed that torture and
physical abuse in detention are grave breaches of human rights and said that law
enforcement organizations must operate legally.

Conclusion:
India's criminal justice system is marred by the violence that occurs in jails and prisons. The
government, law enforcement authorities, civil society organizations, and the general public
must all be fully committed to eliminating this threat by putting thorough changes into
place, encouraging accountability, and prioritising respect for people.

Custodial violence is a pervasive issue in India that requires quick attention and extensive
reforms. The frequency of extrajudicial executions, abuse, and torture inside the criminal
justice system jeopardises human rights, erodes public confidence, and feeds a circle of
injustice and violence. Legal, institutional, and social changes are required to address the
root causes of incarceration violence, such as a lack of accountability, poor training, and the
frequent use of torture as a means of investigation.

Legal measures should be implemented to expressly criminalise such acts, establish

protections for prisoners, and ensure the conviction of perpetrators in order to successfully
address custodial abuse. To teach law enforcement professionals about human rights,
ethics, and alternative investigation approaches, training and capacity-building programmes
are crucial. It is necessary to set up independent supervision systems to guarantee
accountability and conduct unbiased investigations into claims.

By enlightening the public about their rights, the repercussions of custodial assault, and the
value of reporting incidences, sensitization and awareness programmes may empower the
general public. For victims to rehabilitate and pursue justice, rehabilitation and support,
including medical, psychological, and legal aid, are essential.

Custodial violence must be eliminated, and this involves cooperation from the public, the
government, law enforcement, and civil society organisations. India may progress towards a
criminal justice system that promotes justice, dignity, and the rule of law for all of its
residents by putting these measures into place, encouraging accountability, and placing a
priority on respect for human rights. India can only remove the blemish of custodial
brutality and create a society that respects and defends the rights of every individual by
taking resolute action and making a commitment to reform.