Custodial Deaths In India

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Published On: September 4th 2025

Authored By: Shweta Bisht
Faculty of Law, Delhi University

ABSTRACT

As per National Human Rights Commission, the number of deaths in custody has been increasing which portrays the clear failure of state to protect its individuals.  Gujarat, Uttar Pradesh and Maharashtra has the maximum number of deaths in custody still no strict measure is being taken by the responsible states. Compensation is being given to the families of the victims, but is it really sufficient and equivalent to someone’s life? Obviously no. Therefore, the state must come forward with stringent and specific laws to prevent the torture in custody.                                 

The purpose of this article is to highlight the increasing number of custodial deaths and the requirement to take an immediate step to control the torture in custody. This article discusses the concept and reasons of custodial death. Further, the article highlights the significant judicial pronouncements related to the torture in custody and concludes by providing reforms that are required in existing system to prevent custodial deaths.

KEYWORDS:  Custodial death, Custodial torture, Human rights, Police brutality, Right to life.

INTRODUCTION

Every person has a right to live with dignity as guaranteed by Article 21 of the Constitution of India and thus it is the responsibility of the state to protect human rights. No person is above the rule of law and everyone must respect the law of the land instead of taking the command in their hands. Because when a person starts believing he is above law, he starts functioning as per his own whims and fancies neglecting all the rules, there the problem begins. This is what happens when a police official thinks he can treat the arrested person in an inhumane way and can escape the accountability of law, this results in custodial torture and violence. Therefore, those accountable for the custodial deaths must be held accountable and severe punishments must be given.

Even though there is no specific legislation regarding the custodial deaths, but the violation of human rights infringes the fundamental rights guaranteed under the Constitution of India and other statutes. Thus, the state must not let those freely roam who are liable for the custodial deaths and must hold them accountable.    

WHAT IS CUSTODY?

Custody means control or charge over another person. It means physical detention of a person from movement based on free will.[1]

Generally, arrest is followed by custody but it is not necessary that every case of custody must be preceded by arrest.[2]

Following are the 2 different types of custody:

  • Police custody: A person generally after arrest or otherwise is kept under the custody of the police for the purpose of interrogation related to the commission of an offence.

As per S.58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter called as BNSS) and Article 22(2) of The Constitution of India, a person can’t be kept in police custody for more than 24 hours except in cases where a special order is issued under S.187 BNSS.

  • Judicial custody: After the police custody of 24 hours ends, the accused is produced before the court, and if necessary the accused may be placed under the custody of the court in jail for the purpose of investigation

MEANING OF CUSTODIAL DEATH

It is the responsibility of the police to keep the prisoners safe in jail but sometimes these protectors harm them in such a way that it results into deaths in custody or at some different place.

Custodial death means death of an under trial or convicted individual due to several factors including police brutality, lack of proper medical facilities, fake encounters, etc.

According to the Law Commission of India, the crime by a public servant against the arrested or the detained person who is in custody amounts to custodial violence.[3]

REASONS OF CUSTODIAL DEATHS

Even after the Supreme Court has provided several guidelines regarding the procedure of arrest and detention still the number of deaths in custody and the police brutality during arrest is rapidly increasing. There can be many causes due to which deaths in police or judicial custody continue to occur. Following are the main reasons of custodial death:

  • Police brutality: It is one of the main reasons of deaths in custody and this is because of excessive use of force during interrogation.
  • Physical abuse: Mostly the police officers beat the prisoners but sometimes even fights break between co- prisoners and no one dare to stop them which results into death. Sometimes, the so called protectors sexually abuse the prisoners by committing rape, inserting iron rods in their private parts, molesting them, harassing them and what not which ultimately leads to their death.
  • Accountability: Many a time, the police officers committing breach of rules and hitting the persons escape stringent punishments making them believe that they can do anything while interrogating the accused. Thus, poor accountability mechanism results in deaths again and again.
  • Fake encounters: Sometimes, fake encounters by the police officers also result in number of deaths in custody.
  • Improper detention facilities: In some cases due to poor facilities deaths occur that is poor sanitation facilities, lack of clean surroundings, deficient nutrition, etc. results in serious health issues subsequently resulting in death of an individual.
  • Poor medical facilities: Serious health issues can be developed due to poor detention facilities, therefore immediate medical facilities should be provided in such cases but that rarely happens and delayed healthcare then results into death.
  • Lack of psychological support: Any physical health issue still cannot stay hidden for a long time but it is really difficult to know what a person is going through mentally as sometimes people stay mum but a lot is going inside them. And the quietness within oneself kills them and they commit suicide.

These are the major causes of deaths in custody. Apart from these, corruption in the internal departments can also be a cause of custodial death that is due to corruption the authorities do not perform their jobs properly and their leniency kills a family. This torture can only end if stringent rules are effectively implemented. 

LEGAL FRAMEWORK

As per Article 21 of the Constitution of India, every individual has a right to live with dignity still no effective measures are being taken to protect those in custody. There is no specific legislation made regarding the issue of custodial deaths. However, there are certain principles given in the different statutes that help in protecting the individuals from police torture and custodial deaths. The Constitution of India also guarantees the procedure for protection during arrest and detention.

The Constitution of India guarantees certain fundamental rights which protect individual’s life.

Article 14 guarantees that every person should be treated equally before law and no one is above law that is the accused person also has certain rights and those rights given by the Legislature must be protected and respected.

Article 20 provides protection against self-incrimination which means no accused can be forced and tortured to be a witness against oneself.

Article 21 protects the life, liberty and dignity of an individual that is every individual must live freely with dignity. Therefore, the accused must also be protected from abuse and inhumane treatment in custody.

Article 22 provides protection against arrest and detention that is every person arrested must be informed about the grounds of arrest and be allowed to consult a legal practitioner. Thus, every arrested person must be informed about the grounds of arrest. 

Bharatiya Nyaya Sanhita, 2023 provides protection to the individuals from any kind of physical torture in custody.

  1. 120(1) and S.120(2) punishes those who voluntarily causes hurt or grievous hurt to any individual only for the sake of obtaining confession related to any offence or misconduct. Thus, no official can force any individual in custody for the sake of confession.
  2. 127(2) and S.127 (8) protects those individuals who are wrongfully confined in the custody of the police to obtain any kind of information related to any offence committed from them, therefore no offical can wrongfully arrest and detain and individual.

S.64 (2) provides punishment to a police officer who commits rape on a woman in the custody of a police officer or his subordinate.

Bharatiya Nagarik Suraksha Sanhita, 2023 lays down a procedure regarding arrest , detention and interrogation which needs to be followed by the police officers.

  1. 35(3 to 6), S. 36, S. 37, S.38 and S. 43 ensure that a reasonable procedure is being followed during arrest and detention.
  2. 46 protects the accused from unnecessary restraint and torture.

S.53 protects the arrested person from any kind of violence as medical examination of the accused is done which mentions about the injuries and marks of violence (if any) upon arrest.

S.78 states that the arrested person must be produced before the magistrate within 24 hours.

S.196 empowers a magistrate to hold inquiry in case of death of an accused and rape of a woman in police custody.

S.187 and S.309 safeguards the rights and interest of the arrested individual.[4]

Bharatiya Sakshya Adhiniyam, 2023 

S.22 states that if any confession is made under threat or inducement from a person in authority then it would be irrelevant in criminal proceeding. Thus, no confession that is taken forcefully is allowed.

S.23 (1) provides that any confession made by an accused to police officer shall not be proved against that accused.

S.23 (2) provides that confession made by accused person in police custody, shall not to be proved against him, unless confession is made in presence of Magistrate.

Protection of Human Rights, 1993 

It was enacted with the aim of providing better protection to human rights. National Human Rights Commission and State Human Rights Commission were constituted under this Act which addresses the violation of human rights including custodial torture.[5] These statutory bodies investigate complaints regarding the violation of human rights which also includes custodial violence. 

Indian Police Act, 1861

 S.7 provides that if any police officer performs his duty carelessly or in a negligent manner then the officer is liable to fine, confinement and dismissal from office.

 S.29 provides that if any officer offers unwarrantable personal violence to a person in custody then the police officer is liable to penalty, or to imprisonment, or to both.

 JUDICIAL PRONOUNCEMENTS

Custodial torture and deaths is a matter of concern even in today’s society as it leads to violation of laws that are made for the protection of human rights and thus hinders the progress of a nation.

The police brutality and torture has always been criticised by the judiciary through its judgements. The Indian judiciary has played a crucial role in addressing the issue of custodial torture.

There are several landmark judgements where the Apex Court dealt with the issue of police brutality and laid down guidelines related arrest, custody and detention for protecting an individual’s right to live with dignity.

In the case of Nilabati Bahera v.State of Orissa,1993 Supreme Court, a person named Suman Lal Bahera died in police custody and his mother Nilabati Bahera wrote a letter to the Supreme Court where she alleged that her son died in the custody of police.

The Supreme Court in this case concluded that Suman Lal Bahera died due to the failure of state’s responsibility and it is a clear violation of Article 21 of the Constitution of India. The court highlighted that the issue of custodial torture is a violation human rights and it is the duty of the state to protect the life of the individuals in custody. The court held the state liable and the petitioner mother was awarded compensation. 

Another significant judgement pronounced by the Supreme Court was D.K. Basu v. State of West Bengal, 1996 where the court emphasised on the protection of rights and dignity of an individual. This case signified the importance of transparency in the procedure of arrest. The judgement laid down guidelines related to arrest, detention and compensation to be given in case of custodial death due to violence and illegal arrest.  The court in this case clearly stated that any kind of inhumane treatment is a violation of Article 21 of The Constitution of India.

In a very recent judgement of Hansura Bai v State of Madhya Pradesh, 2025 Supreme Court the court emphasised the need of an impartial investigating agency in cases involving custodial deaths. In this case a 25 year old Deva Paridhi was taken into custody along with his uncle Gangaram and were subjected to intense third degree treatment and were brutally tortured to force a confession. Deva died in custody and a single judge of Madhya Pradesh High Court refused to transfer the investigation to the CBI and denied bail to Gangaram[6].

The court found that the police investigation was not transparent and directed the transfer of investigation to the CBI. The court ordered fair, transparent and expeditious investigation into the custodial death of Deva Pardhi and the police officials found responsible for the custodial death shall be arrested forthwith and not later than a period of one month from today. The court also expressed concern over the safety of Gangram as the sole eyewitness of the alleged torture granted him liberty to apply for bail and directed the state to provide him with witness protection.[7]  

ACCOUNTABILITY MECHANISM AND REFORMS REQUIRED TO COMBAT CUSTODIAL DEATHS 

A multifaceted strategy is needed to ensure police accountability in cases of custodial death.  Police departments have internal disciplinary procedures, but they are rarely clear-cut or strict.  A message of impunity is conveyed when officers are temporarily suspended and then reinstated.  A crucial check is provided by judicial oversight, as courts occasionally issue restitution orders or launch legal actions.  However, justice is frequently elusive due to the sluggish pace of court proceedings.  In order to establish independent organizations to look into complaints against police officers, the Supreme Court ordered the creation of Officers Complaints Organizations at the state and district levels.[8]

However, many states have not given these authorities enough staff, resources, or authority, resulting in a haphazard implementation.  Most states have yet to adopt the Model Police Act of 2006, which includes a number of reforms aimed at improving accountability.  Without any unified legal and administrative structure, attempts to reduce deaths that occur while a person is in custody continue to be dispersed and ineffectual[9] 

The issue of rising custodial deaths is a serious one and the state must focus on making stringent laws to protect those in custody. As the existing legislations and rules are not sufficient to protect the individuals in custody, reforms are required in the existing system to prevent the rising cases of custodial violence and torture.

  • There is an urgent need to formulate a specific legislation to prevent deaths and violence in custody and severe punishments should be given to those indulging in violence.
  • Security infrastructural changes are required like installing proper camera systems in lock-ups, body camera while making any arrest and managing records of arrest digitally.
  • Proper training programs emphasising on human rights and reasonable use of force should be conducted for police officials.
  • Proper medical examination and health care facilities should be provided to those in custody. Also, steps should be taken in providing psychological support to the prisoners.
  • Every police official involving in custodial violence must be held accountable.
  • Effective compensation laws should be made to ensure justice for the family members of victims.
  • Independent organisations and bodies should be strengthened to protect the human rights so that they can live with dignity.

CONCLUSION

Increasing cases of custodial deaths and violence is a systematic failure and the state must ensure protection to the individuals. The Constitution of India protects the life and liberty of individuals still it is curtailed by those who are given command to protect the society. Those in custody face torture including sexual abuse, violence, psychological torture, harassment and what not.

 According to international covenant on civil and political rights, 1996 and universal declaration of human rights, 1948 ‘no one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment,’[10] therefore, even arrested or detained person has a right to live with dignity and no one can snatch their right given by the supreme law of the land. The rising numbers deaths in custody demand a robust system to deal with the issue and thus various reforms and effective steps must be taken by the state to prevent the custodial torture as it is a crime directly attacking the dignity of an individual and thus effecting his overall being.

REFERENCES

[1] “‘CUSTODY’, ‘ARREST’, JUDICIAL CUSTODY AND POLICE CUSTODY” (Vidhi Judicial Academy) <https://vidhijudicial.com/custody,-arrest,-judicial-custody-and-police-custody.html>.

[2] Ibid.

[3] “Custodial Death” (Drishti IAS) <https://www.drishtiias.com/daily-updates/daily-news-analysis/custodial-death-1>.

[4] Suresh Chandra Sagar and Uday Veer Singh, “Legislative Reforms in India and Custodial Violence: A Legal Upgradation in Present Scenario” (2024) 4 International Journal of Criminal Common and Statutory Law 214 <https://doi.org/10.22271/27899497.2024.v4.i2c.108>.

[5] Bhumika Indulia, “Custodial Torture in India: Intersection of Criminal Law and Constitutional Rights | SCC Times” (SCC Times, March 23, 2024) <https://www.scconline.com/blog/post/2024/03/23/custodial-torture-in-india-intersection-of-criminal-law-and-constitutional-rights/>.

[6] “Transfer of Probe to Independent Agency When There Is Custodial Death” <https://www.scobserver.in/supreme-court-observer-law-reports-scolr/hansura-bai-v-state-of-madhya-pradesh-transfer-of-probe-to-independent-agency-when-there-is-custodial-death/>.

[7] Ibid.

[8] Publisher, “Custodial Death and Police Accountability in India: Legal Framework, Challenges, and Judicial Response” (Lawful Legal, April 22, 2025) <https://lawfullegal.in/custodial-death-and-police-accountability-in-india-legal-framework-challenges-and-judicial-response/>.

[9] Ibid.

[10] Admin, “International Covenant on Civil and Political Rights” (BYJUS, December 9, 2022) <https://byjus.com/free-ias-prep/international-covenant-civil-political-rights-iccpr/>. United Nations, “Universal Declaration of Human Rights | United Nations” (United Nations) <https://www.un.org/en/about-us/universal-declaration-of-human-rights>.

 

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