Custodial death
Why in news?
On November 24-25, 2025, the Supreme Court labeled custodial deaths a "blot on the system" that India will not tolerate. The bench ordered affidavits from 19 states and seven UTs within three weeks, threatening personal appearances by officials.​
About
- Custodial deaths occur in police custody (pre-trial detention) or judicial custody (post-remand in prisons/jails).
- They encompass fatalities from torture, assault, suicide, illness, negligence, or poor infrastructure.​
- Globally, India ranks high-risk for systemic torture as per the 2025 Global Torture Index.​
- NHRC reported 2,739 total custodial deaths in 2024, with 155 in police custody; over 11,650 from 2016-2022.​
- Article 21 (right to life), Article 22 (arrest safeguards) violated; CrPC Section 176 mandates judicial inquiries.​
- Protection of Human Rights Act, 1993 empowers NHRC/SHRCs; BNS covers wrongful restraint.​
- No standalone anti-torture law despite UNCAT signature; low convictions (0.23% relief in 2021-22 cases).​
- Prepare arrest memo signed by witness/family; inform relative/friend of arrest.
- Detainee entitled to medical exam within 48 hours; maintain inspection memo.
- Videographed post-mortems, no secret disposals; police liable for violations.​
- Low inquiry coverage (41% judicial, 34% magisterial for 2018-22 deaths); delayed/superficial medical care.
- Impunity: NHRC disposed 281 cases in 2023, relief in only 1; rare convictions.​
- Under-reporting, cover-ups as suicides/accidents.​
- Enact anti-torture law, independent oversight, police sensitization on rights.
- Mandatory CCTV, swift FIRs, compensation for families.
- Comprehensive reforms for arrests, inquiries, marginalized protections.​
