Custodial Violence: A Menace In India
- IJLLR Journal
- Mar 29
- 1 min read
Lakshay Singh, LLM (2024-25) National Law School of India University, Bengaluru
ABSTRACT
Custodial violence remains a significant issue in India's legal system. Despite the provisions of the Constitution of India, which protect the citizens of the country, the problem of custodial torture, illegal detention, and custodial death persists in the country. These crimes are generally committed against the citizens of the weaker sections and idegent persons of Indian society. The present article discusses the historical background, nature, and reasons behind custodial violence in the country, which are contributing to the persistence of this problem in the criminal justice system of the country. The present article also discusses the efforts of the Supreme Court of India to stop the problem of custodial violence in the country through some of the important decisions that protect the rights of citizens of the country who are in custody. The analysis of the problem of custodial violence in the criminal justice system of the country highlights the need for immediate legal reforms to stop this problem in the legal system of the country. The article also discusses the Bills to outlaw torture in detention that were presented to the Parliament at different points in time. But most of the bills failed to pass. This was mostly due to the bills' gaps and the fact that they were introduced as private member bills. This is a discussion of India's legislative system and its shortcomings, with brutality against detainees.
