A Study On Constitutional Safeguards Against Custodial Violence In India
- IJLLR Journal
- Jul 26
- 1 min read
P. Atchaya B.A.LL.B., LL.M., Vels School of Law, Vels Institute of Science, Technology & Advanced Studies (VISTAS), Pallavaram
C.A. Gowreenath, B.A.LL.B. (Hons.), LL.M, Vels School of Law, Vels Institute of Science, Technology & Advanced Studies (VISTAS), Pallavaram
ABSTRACT
Custodial violence is one of the worst human rights abuses in India, a denial of constitutional values of dignity, freedom, and justice. In the face of a grand plan of constitutional provisions, statute laws, and historical judicial dicta to avoid such abuse, custodial murders and torture are all too common in the land. The present study attempts to investigate constitutional protection against custodial violence in India with specific reference to the guarantees under Articles 20, 21, and 22 of the Constitution and their judicial interpretation. The study also investigates statutory protection under the Code of Criminal Procedure, Indian Penal Code, and Indian Evidence Act, and also path-breaking judgments like D.K. Basu v. State of West Bengal, Nilabati Behera v. State of Orissa, and Paramvir Singh Saini v. Baljit Singh. With a multi-method research that combines legal analysis, empirical evidence, and qualitative studies of stakeholders, the study diagnoses the continued mismatch between legal protection and practical enforcement. It places the focus on institutional failures of non-accountability, inefficiencies in police procedures, and institutional indifference. The paper states that although constitutional and legal protection is a good beginning, their effectiveness is contingent upon efficient implementation, police reform, and respect for human rights. Structural, legal, and cultural modifications are needed in haste to close the gap between the promise of justice and the reality of custodial abuse in India.
Keywords: Custodial death, Human Rights, Constitution, Violence, Police custody
