Custodial Deaths In India: Legal Framework And The Need For Reform
- IJLLR Journal
- Apr 24
- 1 min read
Devendra Singh, B.A.LL.B., Army Institute of Law, Mohali
ABSTRACT
India's system's shortcomings in terms of accountability, supervision, and the application of the law are demonstrated by the significant human rights problem of custodial deaths. Torture, extrajudicial killings, and avoidable deaths in police and judicial custody persist despite the legal protections offered by the Indian Constitution, the criminal law (both statutory and procedural), and numerous human rights statutes.
With an emphasis on significant court rulings pertaining to custodial deaths, this article critically examines the legal framework surrounding these deaths and highlights the discrepancy between the framework and its implementation. Important court rulings like D.K. Basu v. State of West Bengal1, which established rules for arrest and detention which dealt with police reforms, are discussed to point to the importance of judicial intervention.
In order to propose changes that can stop abuse and increase accountability, the paper also highlights international human rights standards. This article discusses the need for structural and policy reforms to protect the rights and dignity of people in custody by utilizing a doctrinal approach, judicial pronouncement analysis, and empirical data.
Keywords: Custodial deaths, human rights, police accountability, torture, judicial oversight, International human rights standards.
