CRITICAL STUDY ON CUSTODIAL VIOLENCE WITH REFERENCETO INDIAN CONSTITUTION

Custodial violence in India mentions torture, deaths, and other forms of abuse in police or judicial custody, represents a grave violation of human rights in India, striking down the foundational principles enshrined in the Indian Constitution. Article 21, guaranteeing the right to life and personal liberty, and Article 22, providing safeguards against arbitrary arrest and detention, form the constitutional bedrock against such atrocities, as affirmed in landmark Supreme Court judgments like D.K. Basu v. State of West Bengal (1997), which established 11 procedural guidelines to prevent custodial torture in India. Despite these protections, custodial violence persists due to systemic issues such as inadequate accountability, overburdened policing, and weak enforcement mechanisms, lack of human resources, lack of technology updates also with the National Human Rights Commission reporting thousands of cases annually. This study critical study examines the interplay between custodial violence and constitutional rights, highlighting how such acts infringe upon dignity and equality under Article 14. The role of CCTV surveillance as a preventive measure, mandated by the Supreme Court in Paramvir Singh Saini v. Baljit Singh (2020), which requires installation of cameras with audio-video recording in all police stations and interrogation rooms to deter misconduct, ensure transparency, and provide evidentiary support in investigations. However, challenges in implementation, including poor compliance, technical failures, and privacy concerns, lack of budget, human resource failures under the evolving right to privacy framework former retired judge K.S. Puttaswamy vs. Union of India (2017), limit its efficacy in India. Drawing on empirical data, judicial precedents, and international human rights standards, this analysis argues for enhanced monitoring of detainees also officials in India, stricter penalties under amended laws like the Bharatiya Nyaya Sanhita (2023), and integrated reforms to bolster CCTV's deterrent potential.