Andhra Pradesh Custodial Death Case Highlights Persistent Concerns Over Police Accountability, Human Rights and Criminal Justice Reforms

Recent Developments:

• The Special Investigation Team (SIT) arrested a suspended police inspector in connection with the alleged custodial death of Gade Sai Krishna in Andhra Pradesh, after preliminary findings indicated illegal detention, custodial violence and destruction of evidence.
• The National Human Rights Commission (NHRC) took suo motcognisance of the incident, termed it a prima facie violation of Article 21, sought an Action Taken Report from the State Police, and directed protection for the victim's family.
• The Ministry of Home Affairs (MHA) reiterated that every custodial death, whether in police or judicial custody, must be reported to the NHRC within 24 hours, along with mandatory post-mortem videography and magisterial inquiry as per NHRC guidelines.

About Custodial Death:

Meaning and Scope:

• Custodial death refers to the death of a person while under police custody, judicial custody or any other form of lawful detention, irrespective of whether the individual is an accused, undertrial or convicted prisoner.
• Such deaths may result from custodial torture, excessive use of force, negligence, denial of timely medical treatment, suicide or other suspicious circumstances, each requiring an independent legal inquiry.
• Custodial death is considered one of the gravest forms of State excess, as the State assumes a constitutional duty to protect the life and dignity of every individual in its custody.

Constitutional and Legal Framework:

Constitutional Provisions:

• Article 20(1): Protects individuals from punishment beyond what is prescribed under law.
• Article 20(3): Protects against self-incrimination, making involuntary confessions obtained through coercion legally inadmissible.
• Article 21: Guarantees the Right to Life and Personal Liberty, which extends fully to persons in police and judicial custody.
• Article 22: Provides safeguards against arbitrary arrest by ensuring information regarding grounds of arrest, legal representation and production before a magistrate within 24 hours.

Statutory Provisions:

• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 strengthens procedural safeguards relating to arrest, investigation, documentation and judicial oversight.
• Bharatiya Nyaya Sanhita (BNS), 2023 and Bharatiya Sakshya Adhiniyam (BSA), 2023 modernise criminal and evidentiary laws, reducing reliance on confession-based investigation.
• Section 196(2) of BNSS mandates a Judicial Magistrate inquiry in cases involving custodial death, disappearance or custodial rape, replacing the earlier Section 176(1A) of CrPC.

Magnitude of the Issue:

Custodial Death Statistics:

• Parliamentary data indicate that 11,656 custodial deaths were recorded across India between 2016–17 and 2021–22, with Uttar Pradesh reporting the highest number during that period.
• According to National Crime Records Burea(NCRB) data, 170 custodial deaths were reported during the first 74 days of 2026, exceeding the corresponding figure of 140 recorded in the previous year.
• Bihar reported the highest number of custodial deaths during this period, followed by Rajasthan and Uttar Pradesh.

Causes of Custodial Deaths:

Procedural Deficiencies:

• Non-compliance with the safeguards laid down in D.K. Basv. State of West Bengal (1997), inadequate documentation and delayed judicial inquiries weaken accountability.
• Delays in forensic examination, post-mortem reporting and magisterial investigations often reduce the effectiveness of criminal prosecution.

Weak Institutional Accountability:

• Investigations are frequently conducted by the same police establishment to which the accused officials belong, creating concerns regarding impartiality.
• Departmental proceedings and judicial inquiries often remain prolonged, reducing public confidence in accountability mechanisms.

Political and Administrative Influence:

• Political interference may compromise independent policing and discourage prompt disciplinary action against erring officials.
• Inadequate operational autonomy weakens professional policing standards.

Socio-Economic Vulnerability:

• Victims often belong to economically weaker or socially marginalised communities with limited access to legal assistance and institutional support.
• Fear of retaliation and prolonged litigation discourages families from pursuing justice.

Overdependence on Confession-Based Investigation:

• Inadequate forensic capacity, poor scientific investigation and shortage of trained personnel encourage coercive interrogation practices instead of evidence-based policing.

Concerns and Implications:

Governance and Rule of Law:

• Custodial deaths undermine the Rule of Law by violating constitutional guarantees under Articles 21 and 22, thereby weakening public trust in criminal justice institutions.
• Failure to ensure accountability reduces confidence in democratic governance and law enforcement.

Human Rights Concerns:

• Repeated incidents attract criticism from international human rights institutions, affecting India's global human rights credentials.
• Allegations of custodial torture weaken India's moral position while advocating human rights internationally.

Criminal Justice Concerns:

• Dependence on coercive interrogation reflects deficiencies in forensic investigation, scientific policing and evidence collection.
• Frequent custodial violence creates the perception of excessive police power instead of citizen-centric policing.

Judicial Interventions:

Important Supreme Court Judgments:

• D.K. Basv. State of West Bengal (1997): Laid down mandatory arrest and detention guidelines, including arrest memo, medical examination, information to relatives and maintenance of custody records.
• Nilabati Behera v. State of Odisha (1993): Recognised compensation as a constitutional remedy for custodial death arising from violation of Article 21.
• Prakash Singh v. Union of India (2006): Directed comprehensive police reforms, including establishment of Police Complaints Authorities, fixed tenure for senior officers and separation of investigation from law-and-order functions.

International Legal Framework:

International Human Rights Instruments:

• United Nations Charter (1945): Promotes protection of fundamental human rights and human dignity.
• Universal Declaration of Human Rights (1948): Prohibits torture and arbitrary deprivation of liberty while recognising the presumption of innocence.
• International Covenant on Civil and Political Rights (ICCPR), 1966: Protects the Right to Life and prohibits torture and cruel, inhuman or degrading treatment.
• United Nations Convention Against Torture (UNCAT), 1984: India has signed but not ratified the Convention, making anti-torture legislation an important pending reform.
• Nelson Mandela Rules (2015): Prescribe internationally accepted minimum standards for the humane treatment of prisoners.

Measures Required:

Legislative Reforms:

• Enact a comprehensive anti-torture law in line with recommendations of the Law Commission of India and India's international commitments.
• Strengthen statutory safeguards relating to custodial violence, victim compensation and witness protection.

Police Reforms:

• Fully implement the Prakash Singh directives by ensuring independent complaint authorities, functional autonomy and separation of investigation from law-and-order responsibilities.
• Promote scientific investigation through forensic evidence, cyber tools, digital documentation and specialised training.

Technology-Based Monitoring:

• Ensure uninterrupted CCTV surveillance in police stations and interrogation rooms, mandatory body-worn cameras and secure digital custody records.
• Strengthen forensic documentation through videographed post-mortem examinations and electronic evidence preservation.

Judicial and Institutional Reforms:

• Establish fast-track courts for custodial violence cases and ensure time-bound judicial inquiries.
• Strengthen the oversight role of NHRC, State Human Rights Commissions, judicial magistrates and independent forensic experts.

Value Addition for UPSC:

Important Constitutional Articles:

• Article 20
• Article 21
• Article 22
• Article 32
• Article 226

Important Supreme Court Judgments:

• D.K. Basv. State of West Bengal (1997)
• Nilabati Behera v. State of Odisha (1993)
• Prakash Singh v. Union of India (2006)

Important Committees and Reports:

• 69th Report of the Law Commission of India
• 273rd Report of the Law Commission of India
• National Police Commission
• Second Administrative Reforms Commission (ARC)

Important Institutions:

• National Human Rights Commission (NHRC)
• National Crime Records Burea(NCRB)
• Ministry of Home Affairs (MHA)

Important International Linkages:

• International Covenant on Civil and Political Rights (ICCPR)
• United Nations Convention Against Torture (UNCAT)
• Universal Declaration of Human Rights (UDHR)
• Nelson Mandela Rules

UPSC Enrichment:

• Custodial violence is frequently examined in relation to Fundamental Rights, police reforms, criminal justice system, human rights, constitutional governance and ethical public administration