Custodial Death In India

S. Lalbee, Damodaram Sanjivayya National Law University

ABSTRACT

Deaths in custody are seen as a stain on the administration's and the criminal justice system's operations, which are guided by the rule of law and raise issues of democracy in a welfare state. Custodial deaths have received a lot of attention recently from the general public, government agencies, media outlets, the judiciary, and even the National Human Rights Commission.1 The National Human Rights and Civil servants have taken steps to investigate and address this gap in the protection of torture and ensure that everyone's fundamental human rights are upheld as a result of the development of digital platforms, extensive coverage, and judicial activism.

A person who passes away while in the care of the police, other authorities, or a prison is said to have died in custody. Death in custody is still a controversial topic in the twenty-first century, with experts frequently accused of misusing their knowledge, ignoring it, containing prejudice, and covering up the causes of these fatalities. India has consistently witnessed the fundamental rights of detainees being violated and the use of coercion and torture to obtain the best explanation.The police force operates consistently. As the torture goes on, a perverse emotional relationship forms between the victim and the torturer, which causes the victim to feel dependent, powerless, and afraid before finally losing all remaining will to resist. This procedure is appropriately referred to as "Demolition." Now, confessions start to flow. Some people prefer to pass away and find a means to do it before this point. Few people are killed unintentionally or on purpose, and then discarded.