ASSIGNMENT OF

PROJECT, PRESENTATION
&
VIVA VOICE
ON
HUMAN RIGHTS VIOLATIONS
IN POLICE CUSTODY IN INDIA

PRESENTED TO:

PRESENTED BY:

PRAMADVARA KUSHWAHA
AHLUWALIA

DISHA

LLB (H), 5 TH SEM

ASST. PROF.

ACKNOWLEDGEMENT

The satisfaction that accompanies the completion of any work would be

incomplete without the mention of people whose ceaseless corporation
made it possible, whose constant guidance and encouragement crown
all efforts with success.

am

grateful

to

my

respected

DEAN

the direction and motivation from such learned person inspired me

throughout the course and whose inspiration and suggestions help me to
complete my project.

I am highly obliged to

my subject

faculty without whose valuable guidance my project for the degree of

LL.B would not be completed.

CERTIFICATE OF FACULTY

This to certify that this assignment of Project, Presentation and Viva

voice titled Human rights violations in police custody in India
includes the original work done by Disha Ahluwalia of LL.B Hons
5thsem in partial fulfillment of requirements for the completion of
degree of bachelor of law from school of law, IMS Unison University,
Dehradun.

CERTIFIED BY:

SUBJECT FACULTY,
SCHOOL OF LAW,
IMS UNISON UNIV.,
DEHRADUN.

INTRODUCTION
Nothing is more cowardly and unconscionable than a person in police custody being
beaten up and nothing inflicts a deeper wound on constitutional rights Supreme
Court1.
Violation is the core of any criminal justice system and the initiation of its action. The
instigation for this action and its nurturing are vested as a responsibility with the
custodians of law. But when these men who are ushered with the prestigious power of
regulating the civil life of the nation, themselves degrade the authority they hold the
trust of a common man on the system of governance is crushed. Custodial violence has
been the crunch to mistreated police control for decades now. The very idea of a human
being in custody other than for protection and nurturing is an anathema to human
existence.2 The word custody implies guardianship and protective care. Even applied to
indicate arrest or incarceration, it does not carry any sinister symptoms of violence
during custody. No civilized law allows custodial cruelty-an inhuman trait that springs
out of a preserve desire to cause suffering when there is no possibility of any
retaliation; a senseless exhibition of superiority and physical power over the one who is
over powered or a collective wrath of hypocritical thinking. Those who are endowed in
our law to carry the burden of enforcing our laws, such as the police, have the
responsibility to carry such burden with care and in trust for the citizenry. They must
not get intoxicated by the enormous powers made available to them by the law for its
own cause and in the benefit of the citizens, to molest, harass, intimidate and cage the
innocent citizens they are meant to protect. 3
The police, with their wide powers are apt to overstep their zeal to detect crimes and are
1 AIR 1982 SC 625.
2http://theglobaljournals.com/ijsr/file.php?val=February_2014_1392374672_d5a23_27.pdf visited
on 07/05/2014.
3 Isenalumhe v Joyce Amadin (2001) 1 CHR 458.
7

tempted to use the strong arm against those who happen to fall under their secluded
jurisdiction. That tendency and that temptation must in the larger interest of justice be
nipped in the bud.4 On many occasions, when law-breakers are arrested, they make wild
allegations, and shout from roof top 'police brutality' or 'customs brutality', which are
nothing but cat-calls. 5 No person who supports human rights can support terrorism
which results in a grave violation of human rights of innocent people. A terrorist who
violates human rights of innocent citizens must be punished, but his human rights
should not be infringed except in the manner permitted by law.6 But it needs to be
carefully examined whether the allegations of custodial violence are genuine or are
sham attempts to gain undeserved benefit masquerading as victims of custodial
violence.7
Nothing tarnishes the image of the police more than brutality directed against persons
in their custody. Exposure of such incidents causes national and international concern;
Of course, use of excessive force by the police against persons in custody is not is
peculiar to India alone. Custodial torture is virtually a world-wide phenomenon
inflicted upon individuals regardless of sex, age or state of health. This worst form of
human rights violation has become a very serious and alarming problem. In Third
World countries like India. Brutal atrocities perpetuated by the police, jail authorities,
armed forces and other law enforcing agencies on the suspects/accused persons and
prisoners are menacingly on the increase day by day.
"Torture" has not been defined in the Constitution or in other penal laws. 'Torture' of a
human being by another human being is essentially an instrument to impose the will of
the strong over the weak by suffering. The word torture today has become
4 Dagdu v. State of Maharashtra (1977) 3 SCC 68.
5 Roshan Beevi and another v. Joint Secretary, Government of Tamil Nadu, 1984 Cr.L.J. 134 Mad.
6 Speech of the Chairman of the National Human Rights Commission at the National Foundation for Law
and Social Justice, at Kochi, organized by Justice V. R. Krishna Iyer.

7 Shakila Abdul Gafar Khan v. Vasant Raghunath Dhoble, 2003 (7) SCC 749.
8

synonymous with the darker side of human civilisation. 8 Torture is anguish squeezing in
your chest, cold as ice and heavy as a stone paralyzing as sleep and dark as the abyss.
Torture is despair and fear and rage and hate. It is a desire to kill and destroy including
yourself.
Torture in custody flouts the basic rights of the citizens recognised by the Indian
Constitution and is an affront to human dignity. 9 Custodial crime is a species of manmade malady which is growing in alarming proportions. By resorting to such excesses,
the law enforcers are only creating a congenial atmosphere for fostering terrorism. No
civilized society can afford to support this transformation of man into a beastly animal.
The death in police custody is perhaps one of the worst kinds of crimes in a civilized
society, governed by the rule of law and poses a serious threat to an orderly civilized
society. Torture in custody flouts the basic rights of the citizens recognized by the
Indian Constitution and is an affront to human dignity. 10 "Custodial torture" is a
calculated assault on human dignity and whenever human dignity is wounded,
civilization takes a step backward - flag of humanity must on each such occasion fly
half-mast. 11 Nothing is as dehumanizing as the conduct of police in practicing torture of
any kind on a person in their custody. The police image in the estimation of the public
has badly suffered on account of the prevalence of this practice in varying degrees over
the past several years. 12 Denying a person of his liberty is a serious matter. 13 It is more
heinous than a game keeper becoming a poacher. 14
8 D.K.Basu v. State of W.B., AIR 1997 SC 610; (1997) 1 SCC 416.
9 Dalbir Singh v. State of U.P., 2009 Cr.L.J. 1543 SC.
10 State of M.P. v. Shyamsunder Trivedi and others, AIR 1995 SCW 2793.
11 D.K.Basu v. State of W.B., AIR 1997 SC 610.
12 4th Report of June 1980 of the National Police Commission.
13 Joginder Kumar v. State of U.P. (1994) 4 SCC 260.
14 Bhagwan Singh and another v. State of Punjab, AIR 1992 SC 1689.
9

Torturing suspects with a view to extorting information from them, is a crude,

barbarous and reprehensible method of investigating and detecting crime. Those who
are entrusted with the duty of enforcing the law, must learn to obey the law. In police
investigation as in other matters, the end does not justify the means; the means are as
important as the end 15. Death in police custody must be seriously viewed for otherwise
we will help take a stride in the direction of police raj. It must be curbed with a heavy
hand.16 Torturing, a person and using third degree methods are of medieval nature and
they are barbaric and contrary to law. The police would be accomplishing behind their
closed doors precisely what the demands of our legal order forbid. 17 There is an
inclination on the part of some of the supervisory ranks in the police hierarchy to
countenance this practice in a bid to achieve quick results by short-cut methods. 18

CUSTODIAL VIOLENCE IN INDIA: A HISTORICAL

INTROSPECTION
All persons deprived of their liberty shall be treated with humanity and with respect for
the inherent dignity of human person (Article 10. ICCPR).
No one can truly know a nation until one has been inside the jail. A nation should not be
judged by how it treats its highest citizen but its lowest one.
The history of crime and criminals is as old as human civilization. They are the
products of social system in which every human being enjoys the rights privileges and
claims. It is true that the correct place of the criminals are neither their family nor
isolation but behind the bars but it is also true that being criminals does not affect their
15 Public Prosecutor v. Shaik Ibrahim, 1964 (2) Cr. LJ 636.
16 Gauri Shanker Sharma etc., v. State of U.P. etc., AIR 1990 SC 709.
17 Bhagwan Singh & Am. vs. State of Punjab, 1992 (3) SCC 249.
18 4th Report of June 1980 of the National Police Commission.
10

status of human being. They remain human being and enjoy certain basic rights.
Whenever a crime is committed in a civilized society, the wrong doers is subjected to
punishment according to the gravity of the offence and the law of land. But it is
unfortunate that very often the protector of law is the police themselves violated the law
and then start to inflict custodial violence on the criminals, accused and detainees
which often proved fatal to them in various ways.
Custodial violence perhaps one of the worst crimes in a civilized society is a matter of
concern for many reasons. Custodial violence is a very broad team and it includes
deaths, rapes, tortures, illegal arrests and detention, false implications, disappearances
from police custody and other police excesses.
Violence is a dark reality in our democratic country governed by "Rule of Law". It is a
blatant violation of human dignity. It strikes at the very of the rule of law. Custodial
violence in India is defined as is the one occurring during the period the person is in the
custody of police prison or any other institutions set up by the state for detention.
No doubt, the police officers have contributed towards the maintenance of public order
and their plans are enforced with purity, activity vigilance and description. But more
often that, the police officers have been abused and condemned for to returning the
public particularly those who are in custody and detention and inflicting injuries to their
life and property. It is a calculated assault on human dignity. Custodial violence and
abuse of police power is not only peculiar to this country but it is also widespread.
However, in our country it is considered second to none. It has been a concern of the
international community because the problem is universal and the challenge is almost
global. In recent years, third degree torture and custodial deaths have become an
intrinsic part of police investigations and the injury inflicted on the prisoner is
sometimes unbearable custodial death can be because of negligence by the concerned
authorities. This includes safety, provided to the arrestee medical aid to be provided to
the detainees.

11

The history of custodial violence has been the history of mankind. An attempt has been
made here to trace out the historical evolutions of the concept of arrest custodial,
violence in India. The historical retrospection of custodial violence has been divided
under two heads (i) British India period (ii) Post- Independence period.

CUSTODIAL VIOLENCE DURING BRITISH INDIA: After the advent of the British in India they showed great interest in improving the
Indian legal system on the basis English legal system. But even during their regime, the
severe and barbarous cerements or punishments were not uncommon. There are many
instances, which the inhabitants in police custody received harsh treatment on many
occasions.
The policy of British administration in India has based on coercion. They ill treated the
masses, denied civil liberties, discriminate and torture them in many ways in their own
country. During reign in India, there was no fundamental law guaranteeing the subjects
rights and liberties. The rights of persons in custody were appended on many occasions.
History of freedom movement in India provides glaring epitomes of torture which
Indians met under British rule during 1857-1947.During the British rule in India,
custodial violence was considered legitimate to maintain kingship and sustain the
domination. Human right phenomenon was like a curse for police officers because their
prime concern was to protect British rulers 19. History informs that custodial violence,
including tortures, illegal detention, rapes, deaths etc. in police custody etc. was the
rule of law in colonials reign. Criminals and suspects were humiliated and subjected to
custodial violence.
With the passage of time, the administrative structure of British India began to assume a
new form; various major allocations were made in the existing legal system. In the year
1790, the punishment of mutilation was forbidden by law in Bengal and criminal Courts
19 S. K. Ghosh., The Outcry of Police Brutality, Ashish Publishing House, New Delhi, 1993, p.
34.
12

were directed to inflict imprisonment with hard labour in its stead. In 1839, the
attention of the British Parliament was drawn to the analmous and sometimes conflict
judicatures why which laws were hitherto being administered. Accordingly in that year
an act was passed which effected many changes in the constitutional set up of this
country. All Indian Law commission was appointed to prepare a uniform code of legal
rules. In 1858, was issued the Royal Proclamation, whence forth direct responsibility
was assumed by the British crown 20. The frequent report of brutality in lock ups, rapes
and deaths in custody and widespread corruption against the policemen compelled the
government of the day to bring about certain changes in the law existing at that time 21.
In the next three years, first the Civil Procedure Code, then The Indian Penal Code was
enacted in 1860. The Indian Police Act 1861, The Indian Evidence Act in 1872 and Cr.
P.C 1973, one by one came into force. Britishers through these legislations prohibited
illegal detentions by a Public authority further they also tried to prohibit inflicting
simple injury during custody for obtaining information or confession and also
prohibited inflicting grievous the world community that they were against detention and
torture22.

CUSTODIAL VIOLENCE AFTER INDEPENDENCE:But from 1903 till 1947 when India achieved independence, the British set the Police
machinery as Status quo so as to suit their imperialist needs with the transaction of
India from slave country to an independent, socialist, democratic and welfare state. The
style of police handling the offenders remained same as it was during colonial period 23.
20 Custodial Violence in India: A Historical introspection. p. 105.
21 Report of Indian Police Commission by Government Training office, Shimla (1902-03) p-150.
22 Gupta Gulab, Custodial Violence and Human Rights Commission, Central Indian Law
Journal, Quarterly Vol.12 july-Sep 1999, p-286.
23 Prashar Rajinder, Police Administration (1986) p. 29.
13

In fact, the agencies that performed policing functions independence of India could
hardly be expected to be democratic and service oriented in nature. After the Second
World War that regular attention has been paid to the rights of an individual. Many
international conventions and declarations have been adopted by U.N. assembly which
takes about the prohibiting of brutal practice of custodial violence by the law
enforcement agencies. Among the declaration and convention adopted by the U.N.
general assembly, the convention against torture and other cruel in human or degrading
treatment of custodial crimes and tortures. This convention enjoins upon all member
states to take effective measures to prevent acts of torture. Acts of torture cannot be
justified even in the exceptional cases.
This convention globalizes the prohibition against custodial violence and makes it the
concern of all nations of the world. India is also the signatory of this convention.
In India to prevent custodial violence there are many constitutional, Penal and Legal
Safeguards available. The adoption co constitution brought a ray of hope for the victims
of police torture 24.
The judiciary in India played a very significant role to prevent custodial violence by
enlarging the scope of Article 21 of the Indian constitution. A part form it, the
democratic principles incorporated in the constitution changed the prime duty of the
police personals. But it is unfortunate, that despite of protecting the interests of public
police force bore stigma, for being violator of human rights 25.

PRESENT SCENARIO:The devotional and ethical services rendered by the police, as a social service
institution is undoubtedly laudable, but due to certain unscrupulous activities of a
24 Custodial violence in India - A Historical Introspection p-106.
25 Custodial violence in India - A Historical Introspection p-107.
14

handful of policemen, the esteemed image of police are tarnished. Public criticism
various from its alleged overzealousness and brutalization at one end of the spectrum,
to ineffectiveness in controlling crime and criminals at the other not surprising in the
face of mounting evidence of violence and crime.
Not surprisingly, the police trend to be the hand maidens of the political rulers of the
day. Instead of being an instrument to enforce the rule of law, it is increasingly seen as
a pliable tool in the hands of unscrupulous politicians. The Indian police have a long
tradition of being a part is an instrument in the hands of the rulers since colonial times.
At the heart of problem is the fact that a section of police officers instead of fighting
crime and criminals decided to join them, because doing so was more profitable and
less risky. The criminalization of politics has affected police performance more than the
performance of any other state institution.
Though international laws criminalize custodial violence, it enjoys unprecedented
license in India. The methods of custodial violence adopted by government officers
involve gross forms of inhumanity.
The allegations of incompetence, corruption, brutalization and being a violates rather
than an enforcer of the rule of law, have all been voiced before against the police force.
But the deteriorating law and other situation and an increasing sense of insecurity in the
country have lent a new edge to these allegations.
The present system of administrative and political supervision ever the police suffer
from many distortions. The amendment in Cr.P.C in 1973 the so called Magisterial
Control has last its original motivation after the separation of the executive from the
Judiciary complete control has now passed on to political rulers. Hence there is an
urgent need to examine the issue in depth to develop criminal jurisprudence and also to
make the police officers accountable for their acts and omissions.

VIOLATIONS OF HUMAN RIGHTS

15

Most of the violations of human rights take place in the management of law and order,
by the police. In India, the history of human rights violations in police custody can be
traced to British period. Even after 57 years of independence, in a democratic country
like India, the police remains virtually a terror to the people and almost absolutely
unaccountable for the violations of human rights of people in their custody. Through
custodial torture, custodial deaths and other forms of human rights violation in police
custody abuses, no static steps have been have been taken so far for a permanent
solution. Since conviction rate is considered as the yardstick to measure the ability of
an investigating police officer, every police officer would try to accomplish the
maximum conviction rate to his credit by hook or crook. This will definitely help to
increase the rate of police torture. It is really pathetic that the successive governments
have persistently refused to investigate the abuses reported in newspaper. Nowadays
custodial violence has become a part of the police culture and the incidence of custodial
deaths is quite common. Though the academic world and judiciary have become
conscious of the need of a study of the causes, of human rights violations in police
custody from the legal standpoint has so far received little attention. Though much has
been written on this topic, most of them concentrate on individual issues. The area of
human rights violations is so vast both in the national and international perspective.
Hence the work is mostly confined to the state of Kerala. Though many of the police
officers have co-operated in a better manner, much difficulties arose in the task to
penetrate the shields of defense of police personnel who tried to conceive the realities
in the interrogation, torture etc.
Rights of a man area symbolic depiction of the aspiration of man to free himself from
oppression and tyranny from his fellow men and his innate urge for equality and
fraternity amongst homo sapiens 26. A right may be defined as something to which an
individual has a just claim. The contemporary use of the term Human Rights finds its
mention in Universal Declaration of Human Rights in 1948. The expression human rips
have not been specifically defined in any Declaration or Covenant of the United Nation.
26 S. Krishnamurthi, Human Rights and the Indian Police, R.R. Publishers, Banglore, 1994, p.
24.
16

They may be regarded as fundamental and inalienable rights which are essential for life
as human being and without which we cannot live as human beings. Human rights are
as ancient as civilization of man, as it moved from nomadic existence to that of
urbanity. The very basis of healthy community existence is recognition of human
rights.27 Human Rights as a democratic society experiences today, is the result of the
evolution of human consciousness on the basis of the necessary demand for life based
on equality, freedom and justice in a civilized society. Hence, human rights arc the
reflections of a civil society to protect and promote rule of law and human dignity.28
Human rights and social justice arc necessary to society and our ideas on them arise
from needs common to all human being. They are binding by custom and convention
but arc justified by their inseparable quality to human dignity Human rights are an
integral part of the concept of human dignity.29 No society is free, no state democratic,
unless every citizen actualizes human rights, in widest commonalty spread. The battle
for justice is not confined to individual claims but to a transformation of the social
system itself. 30
Human rights are the rights which are essential for the living of the humanity. The
expression Human Rights itself talks about its importance. These are those rights
which are made for the sustenance of people. All individuals and all people have these
rights to self directed development. Human rights in a general sense, denotes, the rights
of humans. Human rights constitute those very rights which one has precisely because
of being a human being.

27 Nagendra Singh, Human Rights and the future of Mankind, Vanity Books, Delhi, 1981, p. 1.
28 Krishna layer. Justice at Cross Road, Deep and Deep Publication, New Delhi 1992, p. 21.
29 D.Devasia and Leelamma Devasia, Women Social Justice and Human Rights, APH
Publishing Corporation, New Delhi. 1998, p. 1.
30 V. R. Krishna layer, Human Rights and in human Wrong, B.R. Publishing Corporation, New
Delhi, 1990, p.7.
17

The concept of human rights is as old as the ancient doctrine of natural rights founded
on natural law, based on mankind's demand for a life in which the inherent dignity of
the human being will receive respect and protection. It comprises of these minimal
rights, which every individual must have by virtue of his being a member of the human
family respectable of any other consideration. The most precious legacy of classical and
contemporary human thought to culture and civilization has been the human dignity,
which has culminated into the present day notion of human rights. 31
These rights are essential for the development of human being and to use and utilize his
talents, qualities and intelligence. They are basic rights, which cannot be denied to
human beings. They are integral part of the concept of human dignity. In the Protection
of Human Rights Act 1993 (10 of 1994), Human Rights arc defined as the rights
relating to Life, liberty, equality, dignity to the individual guaranteed by the constitution
or embodied in the international Covenants and enforceable by courts in India.
Human right can be generally defined as those rights which are inherent in our nature
and without which we cannot live as human beings. Human rights and fundamental
freedoms allow us to hilly develop and use our human qualities, our intelligence, our
talents and our conscience and to satisfy our physical, spiritual and other needs. They
are based on mankinds increasing demand for a life in which the inherent dignity and
worth of each human being will receive respect and protection. 32 Human rights are
sometimes called fundamental rights or basic rights or natural rights. As fundamental or
basic rights they ore those which must not be taken away by any legislature or any act
of Government. As natural rights they belong to men and women by their very nature.
Another way to describe them would be to call them common rights for they are rights
which all men and women in world should share just as common law in England, for

31 Navin Aggarwal, Police is Protector of Human Rights, July 1998, CB1 Publications, New
Delhi, p.25.
32 S.K. Kapoor, International Law, Central Law Agency, Allahabad, 1998, p335.
18

example was the body of rules and customs which unlike local customs, governed the
whole country.33
Whatever adds to the dignified and free existence of Human beings should be regarded
as Human rights.34 They are fundamental privileges or immunities to which all human
beings have moral claims. These rights are inalienable. Nobody can alienate them by
gift, sale or transfer.
The concept of human rights is a concept of world order. Every Individuals humans
dignity is protected. Human rights do not constitute a mere enumeration of certain basic
rights but certain clear conditions, which must be created leading to the fulfillment of a
individual in society35. The concept of human rights is expanding. Besides, traditional
civil and political rights, they also include economic, social and cultural rights. Human
rights are truly universal. They are not the monopoly of any one culture or of any one
geographical region. Human rights are indeed present in the cultural development
religions and philosophies in all parts of the world, since the dawn of recorded history. 36
The time concept of human rights is as old as ancient doctrine of natural rights founded
on natural Jaw. It comprises of those minimal rights, which every individual must have
by virtue of his being a member of the human family irrespective of any other
consideration.37

33 J.E.S. Fawcett, The Law of Navours Allen Lane, The penguin Press, London, 1965, p. 151.
34 Subramanian, Human Rights and Police, Association for Advancement of Police and Sec
Sciences, Hyderabad, 1998 at 17.
35 Dr. Deeps Singh, Human Rights and Police Predicament, The Bright Law House, Delhi,
2002, p. 254.
36 Jan Martenson, under Secretary General for Human Rights and Director General of the United
Nations office at Geneva , in his key note address during the third world congress convened at New
Delhi from December 10-15, 1990.
37 "Police as protector of Human Rights" C.B.I. Buiieten, July 1998, p 25.
19

Dr. Nagendra Singh, 38 describes four aspects of human rights. First is the national
aspect since human rights take their origin within the national area. Second is the
international aspect. Human rights cannot be compartmentalized to be restricted to
national boundaries. The third aspect relates to the human rights in peace as against
human rights in armed conflicts. The fourth aspect pertains to the humanitarian laws of
war. Therefore, Human rights are set to be universal legal guarantees protecting
individuals and groups against actions, which interfere with fundamental freedom and
human dignity and possess the following importance characteristics. 39
1)They are internationally guaranteed.
2)

They are legally protected.

3)

They focus on the dignity of the human being.

4)

They protect individuals and groups.

5) They obligate states and state action.
6) They cannot be waived or taken away.
7) They are equal and inter dependent.

REVIEW OF LITERATURE
The review of studies on custodial crimes in Indian context includes various studies
undertaken by books, articles, periodical websites, and commentaries, individuals,

38 Ex. President, International Court of Justice, Netherlands.

39 United Nations, Human Rights Training- A Manual on Human Rights Training Methodology,
Profession Training Service No. 6, High Commissioner for Human Rights Centre for Human
Rights, New York, 2000 p. 10.
20

academic institutions, police research and training institutions, non-government

organizations and various Committees and Commissions.
Bayley (1969) who has conducted a pioneer study on Police and Political Development
in India found that police brutality varied from rural and urban set up. The rural people
are less critical than urban people as well as north are significantly more critical than it
is in the South. Citing reasoning of increasing complaints of police brutality in
Northern part of India as Bihar, Delhi, Madhya Pradesh, Rajasthan and Uttar Pradesh
(Gosh, 1983) diligently brought out police brutality is a symptom and not the disease. It
cases are multifaceted such as violence is politicized, political, criminal and police
nexus and police are trapped in a vicious circle and seek more authoritarian solutions
under various labels for survival. While analyzing torture and rape in police custody
Ghosh (1993) has drawn attention towards the main cause of the persistence of torture
is the failure or unwillingness of governments to hold an inquiry and punish those
found guilty. Particularly disturbing is the fact that redress for the victims or their
familiar is almost impossible to obtain; most of them have neither the information nor
the resources required it seek it. Moreover, these cases are difficult to substantiate
because custodial deaths take place in out of the view situation which seldom are
monitored by supervisions or witnessed by complainant. Even when a few witnesses are
available, they are intimated or even killed to prevent them from giving evidence. The
victims of police brutality are often minority people. 40
Mishra (1986) in an empirical study on Police Brutality-An Analysis of Police
Behaviour has focused four main causes of the malady. First is a colonial tradition of
our police as instrument of the executive or oppression by the rulers; second is the
subculture of our police includes brutality. The police subculture is strengthened by
alienation cynicism, low esteem in society, conflicting demands made of policemen
inconsistent judgment of their work, all forcing them into a corner, their backs to the
wall. Third is very important reason for the continuing brutal behavior of policemen is
under pressure and finally the most hateful reason for brutality is to extract money from
40 www.shodhganga.inflibnet.ac.in/bitstream/10603/2714/.../12_chapter
%203.pdf visited on 07/05/2014
21

suspects and innocent persons. It concluded with the remedies is the real reforms
pushed through with some severity will produce enduring improvement. It would help it
the emphasis within and outside the police organization is shifted from results to
behavior. This shift will be perceptible and effectual only it notices is taken not merely
of deaths in police custody or where bones have been broken out also every act of
discourtesy and punishment given. Besides, improvement in behavior should in the long
run, by increasing public acceptance of policemen and their work and eliciting public
cooperation, lead to better and better police work resulting in higher percentage of
conviction.
Bureau of Police Research and Development (1993) in its study on Custodial
Crimes, has identified the following causative factors for occurrence of custodial crime
in our county; sadism in police, unrealistic public expectations about crime control,
Failure of criminal justice system; Inadequacy of strength and resources in police;
Inadequacy of laws; Lack of scientific temper and non-availability of facilities. This
study has also suggested the various remedial measures to tackle the menace of
custodial crimes. These include tightening recruitment standards, improving training
standards, improving the machinery for enquiring into complaints, improving
supervisory and leadership standards, review and implementation of reports submitted
by commissions/ committees and review of laws.
A survey undertaken by the Commonwealth Human Rights Initiative (2001) on
Police Public Interface for United Nations Development (UNDP) in State of Assam
and Tamil Nadu in 9 police stations to assess the level of human rights awareness and
attitude of police personnel towards human rights issues, found that the police admit
that they occasionally use brutal methods. The respondents consider the lack of skill in
investigation work, pressure of work and desire of quick results as the three more
important reasons for using third degree methods. The Study suggested improvement in
human rights training and sharpening of investigation skills of the police officers will
show good results. The study further suggested improvement in recruitment standards
to screen out the wrong ones, like the emotionally unbalanced persons, at the entry
stage and weed out at regular intervals those who have been brutalized in the course of
22

their career in the department Further, it was suggested that problem of police brutality
persists because there are no effective police accountability mechanisms in existence.
The existing system, where public complaints against police personnel were inquired
into by police themselves, lacks credibility. 41
Talwar (2003) on custodial violence in Delhi found that political interference in day to
day police functioning, public expectation of quick results, archaic colonial oppressive
laws, malfunctioning of criminal justice system, lack of infrastructure facilities,
pathetic working condition poor supervisory and absence of accountability are main
causative factors for custodial violence. Further, the study suggested awareness,
education and training of human rights to police personnel, use of scientific
investigation, supervisory of interrogation in custody stringent, women officer needs to
interrogate women detainee, legal action to the guilty officers and transparency in
institution of magisterial inquiry or inquest for custodial death.
National Police Commission ( 1979-1981) in its first report analyzed the complaints of
police torture and custodial deaths in eight states and found that under pressure of work and
driven by a desire quick results leave the path of patient of investigation officers and resort
the use of physical force in different forms to pressure the victims/witnesses and accused to
disclose all the facts known to him. The Commission observed in 11 out of 17 judicial
inquiries, 37 out of 82 magisterial inquiries and 23 out of 43 other agency inquiries were
conducted in different states. The Commission also made an observation that victims are
coming from poor background. Thus, the Commission recommended that in all cases of
custodial deaths there must be mandatory judicial inquiry.
While investigating 45 deaths in police custody in seven states Arun Sourie (1980) found
that victims are invariably poor. Several of them were brought without any charge against
them. Some of them were formally arrested in petty offences such as puny-theft (a goat in
one case and copper wire in another), the causal complaint of another one that the victims
had occupied his land, ticketless travel. Others were in serious charges like relation to
41 www.shodhganga.inflibnet.ac.in/bitstream/10603/2714/.../12_chapter
%203.pdf visited on 07/05/2014
23

murder and attempt to murder. The study revealed the fact that in seven cases the bodies
were so badly mauled, the evidence of external and internal so considerable that even
authorities had to eventually register cases of murder against policemen and eventually, the
policemen suspended and few policemen transferred and later reinstate.
Five cases were reported as having died due to natural causes like snake bite; heart failure
on the way to the hospital, sudden illness, etc. Five others were said to have died for
mysterious reasons, while the rest committed suicide. The study also revealed that the
patterns are uniform from one death to another, from one State to another, that
generalizations are possible. No state had examined deaths in police custody systematically,
not by government, not by any civil rights organizations, not by press. In each case,
inquiries about the death looked after by the police and the civil administration as
illegitimate encroachments into their private preserves.
Amnesty International (1992) conducted on in-depth analysis of 459 deaths in police
custody in eighteen States of India between 01 January,1985 to July 1992. The study
revealed the most common torture methods were severe beatings, sometimes hanging
upside down, administering electric shocks, crushing with heavy rollers, burning, stabbing
with sharp instruments and inserting chilies or thick sticks forced their rectums.
Most of the torture victims were arrested in connection with criminal investigation and
tortured to extract to extract information and confessions. Others were arrested because a
relative or friend was sought by the police or because false charges were levelled against
them at the behest of powerful local members such as members of state ruling parties,
businessmen or land owners. It was found common in states in which there was organized
opposition to economic exploitation. The majority of them were suspected of criminal
offences such as burglary, theft, robbery, arson or public order offences, moving
suspiciously or traveling in trains without tickets, juveniles and children who were ill or
physically disabled as young age have been among the victims. The victims were
belonging to dalits, minority groups, women, children, poor and unprivileged sections of
society and have little opportunity to obtain redress. The main reason why torture continues
to be practiced on such a wide scale throughout India was that the police felt themselves to
24

be immune. As they were fully aware that they will not be held accountable, even if they
kill the victims and even if truth is revealed. Institutional factors which contributed to the
persistence of torture include : the negative public image and bad working conditions of the
police, the inadequate training and facilities available to them, the high degree of political
involvement in directing their activities and the failure of government to accept
responsibility for insuring that the police operate within the limits of the law, distortion of
cause of death, intimidating victims and witness, ignoring legal duty of magistrate to find
out case of death and medical aspects of official cover up.42
Amnesty International recommended that the following steps be taken to enhance the
protection of human rights in India, halt the practice of torture and create effective
institutional framework for the prevention of torture.
Adopt an official policy to protect human rights
Investigate impartially all allegations of torture
Bring the perpetrators to justice
Strengthen safeguards against torture
Inform detainees of their rights
Train the police and security forces to uphold human rights and reform the police
Compensation the victims
Provide torture victims with medical treatments and rehabilitation
Investigate the causes and pattern of torture
Strengthen Indias international human rights commitment & compensation.

42 www.shodhganga.inflibnet.ac.in/bitstream/10603/2714/.../12_chapter
%203.pdf visited on 07/05/2014
25

Shinghal (1993) draws sample of 40 cases of police custodial deaths in Delhi and
examined its causes and remedial measures. The study was based on secondary data
sources from Delhi Police and District Magistrate, Delhi. The study found that the
unnatural causes of deaths in custody were due to torture/custodial violence by the police,
natural causes (illness, suicide, hanging, jumping from roof, non-custodial injury,
accidental drowning, burning and drug overdose). Suggesting remedial measures for
combating custodial torture in custody the study emphasis to bring about attitudinal change
amongst the policemen from the grass root to the senior supervisory levels overall to
creating culture of human rights, reducing pressures which lead to adoption of short cuts,
providing adequate resources both human and material, enforcing sticker control and
accountability, improving public credibility and confidence. Besides, the measures for
controlling natural deaths in police custody as health check up of detainee before
interrogation in custody, availability of proper transport facility at police station and utmost
care should be given to juvenile, women and aged person in the custody.43
A Study conducted by Sanker Sen (1994) on Custodial deaths in India on behalf of Indian
Police Academy, Hyderabad shows a number of causes of custodial deaths such as due to
the use of third degree methods by police, lack of effective supervising by the Senior Police
Officer, inadequate training in the areas of scientific investigation and interrogation,
insensitive to people about rights of citizens, extraneous pressure because of political
forces and corruption within police force. The study suggested measures to control
custodial deaths in police custody. Firstly, severe punishment should be given to the erring
police officer. Secondly, training interventions should focus more on sensitization of Police
functionaries to human relations. Thirdly, every case of deaths in custody should be judicial
inquiry. Fourthly, medical examination of accused should be made compulsory before and
after the police demand and finally, surprise visits specifically in night visits to Police
stations by Supervisory Officers should be carried out.

43 www.shodhganga.inflibnet.ac.in/bitstream/10603/2714/.../12_chapter
%203.pdf visited on 07/05/2014
26

RESEARCH GAP
Custodial violence is on rise. Whether its Delhi, Lucknow, Kerala and Punjab, the
accused in police custody is not safe. Many enactments have been made by Indian
government, but these laws have not been implemented properly. One of the reasons
that custodial violence is widespread in our country that most of the time the accused
does not even know there rights in custody and therefore subjected to extra judicial
punishment. This research is beneficial because it shows that in addition to making new
laws to curb the menace of custodial violence. There is need for properly implement
existing laws and educate inmates of their rights while in custody.

SIGNIFICANCE OF STUDY
Custodial violence has become so common these days that not only the police and
bureaucracy but even people take it for granted as a routine police practice of
interrogation. The result is that the news of such outrageous conduct causes nothing
more than a momentary shock in the society. When a custodial death occurs, there is a
public uproar, which either dies down with time or at the most subsided by constituting
an enquiring committee.
A reading of the morning newspapers carrying reports of dehumanizing torture, assault,
rape and death in police custody or other governmental agencies almost every day is,
indeed, depressing. The increasing incidence of torture and death in custody has
assumed such alarming proportions that it is affecting the credibility of the rule of law
and the administration of the criminal justice system. As a result the society rightly
feels perturbed. The society's cry for justice becomes louder.
Any form of torture or cruel, inhuman or degrading treatment, whether it occurs during
investigation, interrogation or otherwise needs the severest condemnation. If the
functionaries of the Government become law-breakers, it is bound to breed contempt
for the law and no civilized nation can permit that to happen.
27

Custodial violence may be both physical and or mental. It may also consist of gross
negligence or deliberate inaction. In a case 19, when a person was suffering from high
blood pressure or similar type of disease, almost for which continuous medicine is
essential, and he is not allowed to take medicines the men develop serious health
problem or dies. The Apex Court held it to be a case of custodial violence and the State
was made liable for damages for their gross negligence in protecting the person in
custody.
Despite several initiatives in recent years, torture and ill treatment continues to be
endemic throughout India and continues to deny human dignity to thousands of
individuate. There is a depressing repetitiveness about statements made by government
officials, members of judiciary, senior police officials and others in official reports and
studies during the past many years, which have all identified and acknowledged a
serious problem of torture and ill- treatment within the criminal justice system. Having
knowledge of this, it might be keen urge that research study in field of custodial
violence must be undertaken to highlight the infirmities.

SCOPE OF THE STUDY

The present study covers within its scope the meaning and historical background of the
concept of custodial violence, covering the magnitude of custodial deaths in India, and
the number of custodial deaths committed in various states and extent of custodial
violence in 2010. The study also analytically examines the constitutional articles and
provisions of Cr.P.C, IPC and Evidence of protection of rights of prisoners and also it
scans the important judgments of Supreme Court of India, regarding the protection of
Prisoners right in India.

28

HYPOTHESES
The present assignment proceeds on the following hypothesis.

Inspite of various constitutional and legislative safeguards, the custodial

violence still a continual phenomenon.

Failure on the part of investigating agencies in safeguarding personal liberty and

life of citizen.
Lacuna in the existing enforcement machinery to protect the right of accused
person.

RESEARCH METHODOLGY
The researcher has used analytical method. The researcher has analyzed primary
sources like bare acts, Constitution of India, Code of criminal procedure and Indian
Penal code Indian evidence act, policies and notifications issued from time to time in
India. The researcher has also taken help from secondary sources like book, newspaper,
journals, articles, magazines, internet etc. for critically analyzing the concept of
custodial violence and has interviewed the concerned people, departments and ministry
official.

29