CUSTODIAL DEATHS IN INDIA: A CRITICAL LEGAL ANALYSIS OF HUMAN RIGHTS, ACCOUNTABILITY AND STATE RESPONSIBILITY

Custodial death remains one of the gravest violations of human rights within modern criminal
justice systems, particularly in developing countries like India. Despite constitutional
guarantees and statutory safeguards, instances of deaths occurring in police and judicial
custody continue to rise, raising serious concerns about abuse of authority, lack of
accountability, and systemic deficiencies. The phenomenon is not recent; rather, it traces its
roots to colonial policing practices that normalized coercion and violence as tools of
investigation.
This research paper critically examines the increasing trend of custodial deaths in India through
a legal and analytical framework. It explores constitutional protections, statutory provisions
under criminal law, and judicial interventions aimed at safeguarding the rights of individuals
in custody. The study also evaluates empirical data from national agencies such as the National
Human Rights Commission (NHRC) and the National Crime Records Bureau (NCRB),
highlighting alarming statistics and the low rate of conviction of erring officials.
The paper further analyses landmark judicial pronouncements that have attempted to curb
custodial violence by laying down procedural safeguards. It also examines the role of
institutional mechanisms such as the NHRC in monitoring custodial abuses. Additionally,
contemporary cases and socio-political responses are discussed to understand the evolving
nature of the issue The research concludes that although India has an extensive legal framework addressing
custodial violence, its implementation remains weak. The absence of a dedicated anti-torture
law, combined with institutional bias and lack of transparency, continues to undermine justice.
The paper suggests the need for structural reforms, stricter accountability mechanisms, and
greater awareness to effectively prevent custodial deaths and uphold the rule of law.