Custodial Deaths: Accident Or An Eye-Wash?

Sanjana Saha, BA LLB (H), Amity University Kolkata

ABSTRACT

Custodial deaths need no introduction. It is possibly one of the most ancient practices that has going on for a long time without any proper check. Incidents of police torture frequently make headlines, calling into question the credibility of those tasked with upholding the rule of law. Despite elaborate provisions and detailed instructions in police manuals forbidding abuse of power, many a police officer develops the impression that he can get away with torture and brutality inside the lock-up because such a charge will be difficult to prove. He also has a notion that his superiors and subordinates will rally around him and try to cover up his wrongdoings, which is exactly what happens in the real world. This is why, today, there is a significant disparity between the actual number of deaths in police custody and those recorded in the national record.

This article therefore strives to look at custodial death from a point of view that has never been harped before. It aims to highlight the disparity in the national data while also bringing into limelight the low rate of conviction of police personnel for such deaths. It scrutinizes the probable reasons that might be at play behind the same thereby forcing the readers to think at the end of it as to whether these deaths are a mere accident as portrayed by the concerned authorities or just an eye-wash to escape conviction.

Keywords: custodial deaths, police, torture, disparity, reasons, conviction