Torture and Custodial Violence in India: A Critical Legal Study

Custodial violence remains one of the most
serious violations of human rights within criminal justice
systems across the world. In India, despite constitutional
guarantees, statutory safeguards, and judicial interventions,
incidents of custodial torture and deaths continue to be
reported. Such incidents undermine the rule of law, violate
human dignity, and erode public confidence in law enforcement
institutions. Custodial violence includes physical torture,
psychological abuse, forced confessions, sexual assault, and
custodial deaths inflicted upon individuals detained by police
or prison authorities. The persistence of such practices reveals
structural deficiencies in policing systems and accountability
mechanisms. This paper critically examines the concept of
torture and custodial violence within the Indian legal
framework. It analyses constitutional protections under
Articles 20, 21, and 22, statutory safeguards under the
Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha
Sanhita, and Bharatiya Sakshya Adhiniyam, and the role of the
judiciary in preventing custodial abuse through landmark
judgments. The paper also explores the causes and
consequences of custodial violence and highlights institutional
challenges in preventing such violations. Further, it evaluates
the role of institutions such as the National Human Rights
Commission in monitoring custodial deaths and ensuring
accountability. Finally, the paper proposes comprehensive
reforms including police modernization, independent
investigation mechanisms, installation of CCTV cameras in
police stations, human rights training for law enforcement
officers, and ratification of the United Nations Convention
Against Torture. The study concludes that eliminating
custodial violence requires not only strong legal safeguards but
also structural reforms, institutional accountability, and a shift
toward rights-based policing practices.