CUSTODIAL VIOLENCE IN INDIA: A CRITICAL ANALYSIS OF LEGAL SAFEGUARDS AND ENFORCEMENT MECHANISMS

Abstract
Custodial violence remains one of the most serious human rights violations within the Indian criminal
justice system. Despite constitutional guarantees and judicial safeguards, instances of torture, abuse,
and custodial deaths persist. This paper critically examines the legal framework governing custodial
conduct in India, evaluates its effectiveness, and identifies structural gaps in enforcement. It argues
that the absence of a dedicated anti-torture law, weak accountability mechanisms, and institutional
culture contribute significantly to the persistence of custodial violence. The study concludes by
recommending comprehensive legal and institutional reforms to ensure accountability and
protection of detainees’ rights.
Keywords: Custodial violence, human rights, police brutality, legal safeguards, India, torture