The notice was sent demanding an explanation for not paying the recommended compensation to the kin of the person who died in custodial death.

Custodial death is a manifestation of custodial violence which primarily refers to violence (including rape and torture) in police and judicial custody.

Status of Custodial death in India 

• There were more than 660 Custodial deaths in the country from 2017 to 2022.
• Gujarat has reported the highest number of Custodial deaths (80) followed by Maharashtra. (National Crime Records Bureau) 

Constitutional and Legal Safeguards against Custodial deaths

• 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.
  • The upcoming New Criminal Laws also contain provisions like   
    • Sec 120, Sec 127 of Bhartiya Nyaya sanhita on safeguarding the accused.
• Other Safeguards
  • NHRC’s Guidelines on Custodial deaths (1993)
    • It calls for reporting of custodial death or rape within 24 hrs of occurrence. 
  • SC gave specific guidelines for safeguarding of detainees and procedure for arrest (DK Basu Case).