Custodial deaths
Relevance
GS Paper II – Governance, Constitution, Polity
Context
- Madurai Bench of Madras High Court condemned the custodial death of Ajith Kumar, a security guard in Sivaganga district, Tamil Nadu.
- Despite arrests of 5 police constables, India continues to see a pattern of zero police convictions in custodial death cases.
- Highlights deep-rooted impunity, caste-based vulnerability, and failure of accountability mechanisms in law enforcement.
Data on Custodial Deaths (2016–2022)
| Parameter | Figures/Insights |
| Total Custodial Deaths | 11,656 (National) |
| Highest State | Uttar Pradesh: 2,630 deaths |
| Southern Region Leader | Tamil Nadu |
| Police Arrested (2017–22) | 123 |
| Chargesheets Filed | 79 |
| Convictions | 0 (Zero across India) |
| Human Rights Violation Cases | 74 filed; 41 chargesheeted; 3 convicted |
| Disproportionate Impact | SCs form 38.5% of detenues in Tamil Nadu (2022); population share: 20% |
Constitutional Provisions
Article 21
- Right to Life and Personal Liberty: Includes protection from torture and custodial violence.
- Enforced through landmark judgments like Maneka Gandhi v. Union of India.
Article 20
- Protects accused persons:
- Article 20(1): No ex-post-facto law
- Article 20(2): No double jeopardy
- Article 20(3): No self-incrimination
Selvi v. State of Karnataka (2010): Narcoanalysis, polygraph & brain mapping without consent violate Article 20(3) & 21.
Legal Framework
🔹 Indian Evidence Act, 1872
- Section 24: Confession due to coercion/threat is inadmissible.
🔹 Indian Penal Code (IPC)
- Section 330: Punishment for voluntarily causing hurt to extort confession
- Section 331: Punishment for voluntarily causing grievous hurt for the same purpose
🔹 Criminal Procedure Code (CrPC), 1973
- Section 41 (Amended 2009):
- Arrest must be based on reasonable grounds
- Arrest memo and grounds of arrest must be documented
- Family must be informed of the arrest
Systemic Issues in Custodial Deaths
- Impunity and Weak Prosecution
- Arrests are rare, and even when they occur, conviction is nearly absent.
- Internal police investigations lack independence.
- Lack of Independent Oversight
- Police Complaints Authorities (PCAs) mandated by SC in Prakash Singh case not implemented properly.
- Caste Bias and Structural Violence
- Disproportionate number of SCs, STs and minorities face brutality in custody.
- Reflects social hierarchy and lack of legal empowerment.
Important Judgments (Mains Use)
| Case | Key Ruling |
| DK Basu v. State of West Bengal (1997) | Laid down detailed guidelines to prevent custodial torture. |
| Nilabati Behera v. State of Orissa (1993) | Compensation to victims of custodial violence is a constitutional remedy under Article 32. |
| Joginder Kumar v. State of UP (1994) | Arrest should not be routine; rights of arrestee must be protected. |
Way Forward / Reform Measures
- Independent Investigation Mechanism
- Make National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) stronger and mandatory for all custodial death inquiries.
- Police Reforms
- Implement Prakash Singh Guidelines on police accountability and separation of law and order from investigation.
- Fast-Track Courts
- For police abuse cases with judicial oversight.
- Surveillance & Technology
- Mandatory CCTV installation in all police stations and lock-ups as directed by the SC.
- Strengthen Legal Aid and SC/ST Protection
- Legal awareness and representation for vulnerable sections, especially SC/ST under POA Act.
- Compulsory Judicial Inquiry
- For every custodial death, under Section 176 CrPC.
Conclusion
Custodial deaths reflect a deep structural malaise within India’s criminal justice system, where constitutional ideals of dignity, liberty, and justice are routinely violated by those entrusted to uphold them. The persistent absence of convictions despite numerous deaths reveals a culture of impunity, weakened oversight, and systemic failure in ensuring police accountability.
While India possesses a robust legal and constitutional framework, implementation gaps, lack of independent investigation, and social hierarchies, particularly caste-based discrimination, perpetuate this injustice. The disproportionate targeting of Scheduled Castes further exposes the intersection of custodial violence with systemic social exclusion.
There is a compelling need for comprehensive police reforms, strict enforcement of judicial guidelines, and institutional independence in oversight mechanisms. Unless custodial violence is addressed urgently and effectively, India’s commitment to rule of law and human rights will remain aspirational rather than actual.
Mains questions
Q1. Custodial deaths expose the weakness of the criminal justice system and human rights enforcement in India. Examine the legal and institutional responses available, and suggest reforms.
Q2. Despite constitutional protections and legal safeguards, police impunity persists in India. How can accountability in law enforcement be improved?
