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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 motu cognisance 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 Bureau (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. Basu v. 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. Basu v. 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. Basu v. 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 Bureau (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