Custodial Brutality in India and Criminal Justice Reform

Syllabus: GS2/Governance

Context

• The recent surge in custodial deaths across various Indian states has brought the spotlight back on a dark and persistent issue: the abuse of power by law enforcement authorities and the systemic failure of India’s criminal justice system.

Custodial Brutality: A Grim Reality

• India is classified as a “high risk” country for systemic torture and custodial brutality, according to the Global Torture Index 2025. Custodial violence—including torture, extrajudicial killings, and unlawful detentions—remains widespread and disproportionately affects marginalized communities.
• In 2024 alone, the National Human Rights Commission (NHRC) reported 2,739 custodial deaths, a steep rise from 2,400 in 2023. Over 75% of India’s prisoners are under-trials, and prison overcrowding stands at 131.4%.
• The bedrock of Article 21 is eroded when a citizen in state custody dies due to torture. Custodial deaths reflect a dereliction of the duty of care owed by the state.

Legal and Institutional Gaps: Why Police Torture Persists in India?

• Normalisation of Violence: These deaths are not aberrations but the result of a system where force is routine and accountability is rare. The police, often under pressure and lacking support, resort to violence as a tool of control rather than justice.
• Misplaced Priorities in Policing: Despite massive annual budgets for policing, investment in welfare, training, and psychological care for officers is negligible.
• Outdated Training: Police training curricula remain rooted in pre-liberalisation models, lacking focus on ethics, human rights, trauma-informed investigation, and community policing.
• No Specific Law on Torture: India lacks a national law explicitly criminalizing torture or cruel, inhuman, or degrading treatment or punishment (CIDTP).
• International Obligations: India has not ratified the UN Convention Against Torture (UNCAT) or its Optional Protocol.
• Impunity and Weak Accountability: State Police Complaint Authorities, mandated by the Prakash Singh judgment (2006), remain weak or non-existent in most states.
• Ineffective Oversight: Supreme Court-mandated installation of CCTV cameras in police stations is poorly implemented, with most cameras either absent or not meeting required standards
• Lack of Victim Protection: There are inadequate victim and witness protection laws, discouraging reporting and redressal.

Constitutional and Legal Protections

• Constitutional & Legal Protections:
  • Article 21: Right to life and personal liberty.
  • Article 22: Protection against arbitrary arrest and detention.
  • Custodial Torture is governed by legal provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. It defines the framework for detaining individuals during investigations while balancing individual liberty and effective law enforcement.
  • The Indian Evidence Act, 1872 excludes confessions obtained through coercion.
• Judicial Interventions:
  • D.K. Basu Guidelines (1996): Supreme Court laid down 11 mandatory procedures for arrest and detention, including medical checks, arrest memos, and informing relatives.
  • Nilabati Behera vs. State of Orissa (1993): Landmark case where the Court awarded compensation for custodial death, reinforcing accountability under Article 21.
  • PUCL vs. Union of India (2005): Directed installation of CCTV cameras in police lockups to ensure transparency.
• NHRC Guidelines (2025 Update): It mandated that all custodial deaths be reported within 24 hours, with post-mortem and inquiry reports submitted within two months.
• Smart Policing Initiatives: Government platforms outline efforts to modernize policing, including digital surveillance and training reforms.

Path Forward: Reforms Needed

• Reallocate Resources: Dedicate at least 5% of the policing budget to mental health units, regular counselling, and sensitisation courses.
  • Institutionalise mental wellness as an essential, not optional, part of law enforcement.
• Transform Police Training: Revamp the curriculum to include ethics, human rights, trauma-informed methods, and community engagement.
  • Make refresher courses and sensitisation mandatory.
• Legislative Clarity and Accountability: Enact a comprehensive anti-custodial violence law with:
  • Time-bound investigations,
  • Mandatory video recording of interrogations,
  • Independent oversight by civil society.
• Leverage Technology for Transparency: Ensure all custody areas have operational, tamper-proof CCTV cameras with real-time audits.
  • Use digital systems to monitor and prevent abuse, not just record it.
• Reimagine the Police Role: Shift the image of the police from authority enforcers to public servants, upholding empathy, restraint, and responsibility.

Source: TH