Custodial Deaths in India: Legal Framework, Accountability, and Reforms

ABSTRACT

Custodial death remains a sensitive and critical human rights issue worldwide. Identifying the causes and contributing factors is essential for developing effective interventions and ensuring accountability and dignity for individuals deprived of liberty. According to the data released by the Ministry of Home Affairs, the number of deaths in police custody witnessed a nearly 60% increase over the last three years and 75% in the previous two years across the country. In 2020, despite Covid-19 COVID-19-induced pandemic, the number of deaths in custody reached an all-time high with 1,840 deaths. y. In our country, the number of custodial deaths is alarming, and it highlights a deep-seated problem within the police administration and judicial systems. This article presents a thorough analysis by covering the phenomenon of custodial deaths in India, while focusing on the existing legal framework, challenges in ensuring accountability, and potential reforms to be done to address this grave issue. The article will further be going to conduct a comprehensive analysis of understanding the root cause and instances of custodial violence nationwide, also critically examining the underlying causes of custodial deaths in India.

INTRODUCTION

“If I can love myself despite my infinite faults, how can I hate anyone at the glimpse of a few faults?”. Alexander The Great.

Custodial deaths are a serious human rights issue worldwide. Public perception often links these deaths to police brutality and torture; however, they can also result from neglect and inhumane treatment in jail, a topic that receives less attention. The causes of custodial deaths vary across countries and regions, influenced by differences in legal systems, institutional practices, and sociopolitical factors. Autopsy-based studies from North Indian tertiary care centres remain limited, especially regarding delayed medical care and comorbidities in custody.

Causes of Custodial Deaths: Systemic Impunity and Institutional Failure

Despite formal inquiries and arrests, no police personnel were convicted for custodial deaths between 2017 and 2022. This reflects deep-rooted structural issues, including:

Weak Institutional Will: A lack of political and administrative resolve to ensure accountability.

Poor Evidence and Delayed Justice: Inadequate witness protection, delayed trials, and substandard evidence collection weaken prosecution.

Absence of Independent Probes: Custodial death cases are rarely investigated by impartial bodies, compromising credibility.

Institutional Solidarity: A culture of protecting fellow officers often shields the guilty from legal consequences.

Human Rights Cases: Between 2017 and 2022, 74 cases of human rights violations, ranging from illegal detention to custodial torture and deaths, were filed. However, most resulted in little to no accountability, reflecting a dismal conviction rate and a deeper failure of the justice system.

REFORMS MEASURES:

To overcome the above-mentioned challenges of accountability, India needs a robust

institutional reforms, legal reforms, some ratification, technological advancements and many

more.

1. Establishment of Investigation Agencies: The government should look into the idea

of establishing independent investigating agencies so that there would be an impartial

investigation and the victim get justice.

2. Police Reforms: The government should make some reforms in the training of the Police

and ensure that the officers know all the guidelines and measures that should be taken

care of while arresting a person.

3. Technological Advancements: All Police stations and interrogation rooms should be

installed with CCTV cameras, so that the evidence can be collected, and there is also a

need to ensure that the data stored in these cameras is tamper-proof.

4. Fast-track Courts: The government can also establish some fast-track courts in order

to determine that the justice is not delayed and justice is served right.

5. Witness Protection: The government should take some initiatives to protect the witnesses of the custodial violence and deaths. Some strengthening of legal and financial protections should be established for witnesses and victims’ families.
6. Public Awareness: There should be campaigns and education that help the citizens to

know about their rights and how to report violations of their rights.

7. Stricter Punishment for offenders: The government can amend the laws to

provide harsher penalties for custodial torture and deaths.

Methods: This retrospective study analysed records of custody-related deaths examined by the Department of Forensic Medicine, All India Institute of Medical Sciences (AIIMS), Rishikesh. A total of 34 autopsies were conducted between January 2020 and May 2025. The data were organised, coded, and charted, then analysed using IBM SPSS Statistics for Windows, Version 23.0 (Released 2015; IBM Corp., Armonk, NY, USA) and compared with findings from other national and international studies. Ethical approval was obtained from the Institutional Ethics Committee.

LEGAL AND CONSTITUTIONAL FRAMEWORK:

1. Article 20: It grants protection against arbitrary and excessive punishment to an accused person, whether a citizen or a foreigner or a legal person like a company or a corporation. It contains three provisions in that direction.

• No ex-post-facto law: It provides that a person should be prosecuted as per those laws that were in force when he committed the offence.
• No double jeopardy: It provides that a person shall not be prosecuted and punished for the same offence more than once.
• No self-incrimination: It provides that a person accused of an offence shall not be compelled to be a witness against himself.

2. Article 21: “No person shall be deprived of his life or personal liberty except according to procedure established by law.” The following are certain rights available for prisoners.

• Right to Bail
• Right against Solitary Confinement
• Right against Inhuman Treatment
• Right against Illegal Detention
• Right to a Speedy and Fair Trial
• Right to meet Friends and Consult a Lawyer

3. Article 22: It protects individuals against arrest and detention in certain

cases. It provides that a person arrested should be presented before a magistrate within 24 hours of arrest.

4. Sections 302, 304, 330, 331: Penalise murder, culpable homicide, and torture during interrogation.
5. Section 41 and Section 176(1A): It lays down the conditions for arrest and mandates judicial inquiry in case of death in police custody.13
6. Section 114B of the Indian Evidence Act, 1972: Presumes a police officer is responsible for custodial death unless proven otherwise.
7. Protection of Human Rights Act, 1993: It establishes the NHRC and empowers it to investigate custodial violence.

JUDICIAL PRECEDENTS AND INTERVENTIONS

The Indian Judiciary has played a significant role in addressing the issue of custodial deaths in the nation. It has given some landmark judgments and played a proactive role in handling such a grave issue.

1. Nilabati Behera v. State of Orissa14: In this particular case, the court addressed the issue of custodial deaths and state liability. This case was filed by Nilabati Behera after her son died due to injuries sustained while in police custody. The court held that the State of Orissa is responsible for this and ordered compensation to the victim’s mother. This case set a significant precedent by establishing that the State is accountable for custodial violence and that victims or their families are entitled to compensation through constitutional remedies
2. Joginder Kumar v. State of Uttar Pradesh15: The Supreme Court in this particular case laid down certain guidelines to make an arrest; first, an arrest should not happen routinely; and second, a person should be informed about their arrest. Further, these guidelines were also included in the Code of Criminal Procedure, 1973, after the amendment in the Act. 3. 3. Shri Dilip K. Basu Etc. v. State of West Bengal and Ors. 16: “The Supreme Court of India issued guidelines to prevent custodial violence and ensure transparency in police procedures during arrests and detentions. The case stemmed from concerns about increasing cases of custodial death and violence. The court’s decision highlighted the infringement of Article 21 and Article 22 by police actions.”

CHALLENGES TO ACCOUNTABILITY

Custodial deaths continue to be a grave concern in India. It highlights a systemic failure to hold perpetrators accountable. While the Constitutional and legal framework serves to safeguard the inmates against torture and abuse in custody, the ground reality remains disheartening. Multiple factors contribute to the lack of accountability in such cases and thus making justice elusive for victims and their families. The first and one of the most critical challenges is the lack of independent investigation. In some cases, the investigation of custodial deaths is conducted by the same police department where the incident occurred. This creates a clear conflict of interest and often leads to biased or manipulated inquiries, where evidence is suppressed and reports are doctored to protect fellow officers. The absence of an independent and impartial authority for investigation undermines the credibility of the entire process and prevents fair outcomes. Another challenge would be the weak implementation of existing laws and guidelines. The Hon’ble Supreme Court has laid down certain guidelines in some landmark judgements, related to arrest procedures, documentation and safeguards against torture, but the compliance remains poor. Many police officers are either unaware of these guidelines or choose to ignore them and somehow commit custodial violence. Further, delayed justice and inefficient legal processes intricate the problem. Investigations related to custodial deaths are often continued for years, and trials are riddled with adjournments.

Difference between an Encounter and a Custodial death: Custodial death is when the suspected person dies because of torture and inhuman treatment by a police officer during the time of interrogation. Whereas in Encounter, the police officer kills the suspected person and takes a plea of self-defence, which is available to everyone under IPC 96 to 106.

effects on the families of victims: Custodial deaths in India leave families devastated in ways that go far beyond the immediate loss. When someone dies in custody, it’s not just a life cut short—it’s an entire family thrown into turmoil.

The grief that families endure is overwhelming. Parents lose children, spouses lose partners, and children lose their protectors. Often, these deaths happen suddenly and mysteriously, leaving families in shock and filled with unanswered questions. The emotional pain is deep and long-lasting, with many struggling to come to terms with the loss.

Besides the emotional toll, there are harsh realities to face. The person who died is often the primary breadwinner, and their death plunges the family into financial hardship. Families struggle to pay for basic needs, and children’s education frequently suffers. State compensation, when provided, is often too little or delayed, leaving families to fend for themselves.

The social impact is also severe. Families may face stigma and isolation. Widows, in particular, can be vulnerable to discrimination or pressure to remarry. Many relatives fear harassment or retaliation, which stops them from seeking justice or speaking out.

The struggle for justice is long and exhausting. Many families find themselves battling legal systems that move slowly and offer little support. They have to deal with fear, intimidation, and a lack of resources.

These human stories show that custodial deaths are more than just numbers or news reports—they are real tragedies that destroy lives and futures. Families are left living with pain, fear, and uncertainty, highlighting the urgent need for change and justice.

CONCLUSIONS AND SUGGESTIONS

The violence in custody is considered among the worst crimes in any civilised society. It is a blatant violation of human dignity. It strikes at the very roots of rule and law. Violence in custody and abuse of power are not only peculiar to India but also to the rest of the world. It has been the international community’s concern, as the issue is not just a regional issue but is universal, and the challenge is almost global. Third-degree torture and deaths in custody, rape, molestation, etc., have become an intrinsic part of police investigations, and sometimes the injury inflicted on the inmates is unbearable. There is a need to take this matter seriously and take some measures to improve the situation. The superior officers should be supervised continuously to lower officer superiors to prevent custodial violence and adherence to lawful standard investigative methods.

1. The police officers should be trained with a systematic method of interrogation.
2. The police system should be free from political pressure.
3. There should be a medical facility inside the jail for emergency cases.
4. There is our need for a special provision in IPC for custodial death as murder.

References:  https://www.mha.gov.in/sites/default/files/nhrc-reporting.pdf

https://www.sci.gov.in/

https://www.scobserver.in/cases/

https://ijirl.com/wp-content/uploads/2025/07/CUSTODIAL-DEATHS-IN-INDIA-LEGAL-FRAMEWORK-ACCOUNTABILITY-AND-REFORMS.pdf

https://www.dhyeyalaw.in/custodial-death-in-india

https://www.hrw.org/report/2016/12/19/bound-brotherhood/indias-failure-end-killings-police-custody

https://www.humanrightsinitiative.org/in-the-news/women-struggle-while-men-die-in-custody-in-indias-uttar-pradesh

https://www.dw.com/en/custodial-deaths-in-india-a-toxic-play-of-power-and-class/a-59873741

https://www.svpnpa.gov.in/static/gallery/docs/14_custodiandeaths.pdf

“In the face of unimaginable loss and injustice, the families of custodial death victims stand resilient, turning their grief into a relentless fight for truth, dignity, and accountability.”