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).
- NHRC’s Guidelines on Custodial deaths (1993)
Challenges in Curbing Custodial Deaths | Non-Ratification of UN Convention against Torture (1997) |
| Absence of a national level anti-torture framework | |
| Lengthy Judicial proceedings | |
| Tremendous pressure on Police to detect cases, whenever there is surge in crime and particularly heinous crime |