Supreme Court (SC) calls for stricter approach in granting bail to police in custodial death cases | Current Affairs | Vision IAS
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    Supreme Court (SC) calls for stricter approach in granting bail to police in custodial death cases

    Posted 29 Mar 2024

    2 min read

    • While referring to its Judgment of State of Jharkhand v Sandeep Kumar, SC made an exception and invoked Article 136 to set aside bail granted to Police officer by a High Court in a case of custodial death.
      • Article 136 gives discretionary power to SC to grant special leave to appeal from any judgement or order made by any court or tribunal India.
        • It is not applied to orders passed by any court or tribunal constituted by any law relating to Armed Forces. 
    • Custodial death is a manifestation of custodial violence which primarily refers to violence (including rape and torture) in police custody and judicial custody. 
    • Safeguard against Custodial death 
      • Constitutional
        • Article 14 (Right to equality before law)
        • Article 21 (Right to life)
      • Legal
        • Sec 330 & 331 of IPC provides punishment for injury inflicted for extorting confession during custody
        • Section 176 Cr.P.C, calls for magisterial enquiry in case of custodial death.
      • Other
        • International Covenant On Civil And Political Rights (India is Signatory)
        • D.K Basu v. State of West Bengal, SC gave specific guidelines for safeguarding of detainees.
        • NHRC guidelines calls for reporting of custodial death or rape within 24 hrs of occurrence

     

     

    • Tags :
    • Custodial Death
    • Article 136
    • State of Jharkhand v Sandeep Kumar
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