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Custodial Violence In India




Manu Sri, Amity University, Patna

ABSTRACT

This paper aims to encompass necessary information to the readers from definition of custodial violence to general public view on it, its causes, possible solutions and provisions of curbs on it as provided by law.

INTRODUCTION

"Custodial Violence". We may have encountered the term many times. Before going in detail, it is necessary to first know the meaning of custodial violence.

The term custodial violence is not defined under any Act but the latin word 'custodia' means to keep under watch or care. In legal sense, the word implies keeping someone in a state of imprisonment or detention. Violence means inflicting force in order to harm someone whether mentally or physically. So, custodial violence basically means administering violence to a person in custody.

Lawful custody may be by police, arrest by private person, by investigating agencies such as CID or CBI, military custody or judicial custody or any other custody by or under any law. Section 3 of The Army Act, 1950 defines military custody. Arrest of accused as per DSPE Act, 1946 results in CBI custody. Every arrest amount to custody but every custody may not be the result of arrest. The purpose of custody is to prevent the suspect to commit further offences before the trial, to prevent escape of the suspect, to prevent the suspect from tampering any evidences or manipulating witnesses. Like in one case a man accused under POCSO Act was alleged to threaten the victim and his family.1 Most cases of custodial violence arise in police custody or judicial custody.

Comments


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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