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.

Legal Framework

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).

Supreme Court Guidelines (DK Basu Case, 1997)

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.

Challenges

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.

Way forward

Enact anti-torture law, independent oversight, police sensitization on rights.
Mandatory CCTV, swift FIRs, compensation for families.
Comprehensive reforms for arrests, inquiries, marginalized protections.

Download Pdf

Student Login