Custodial violence is a major problem in India’s criminal justice system. Even though there are protections in the Indian Constitution and international rules, there are still many reports of torture, deaths, and other abuses in police custody, judicial custody, and other places. These actions not only break fundamental rights but also deny people their right to fair treatment and to live with dignity. Custodial violence is when someone is hurt physically or mentally by police, military, or other authorities while they are in custody.
This can include beating, humiliation, electric shocks, and other forms of abuse. According to data from the National Crime Record Bureau (NCRB), about 0.03% to 0.4% of people are in jail, 25.6% are convicted, 6.7% are under trial, and about 74% are in custody. Most of those in jail are males, with a very small percentage being females. Since a lot of people are in custody, many of them suffer from custodial violence.
There are two main types of this violence: psychological and physical. Psychological torture includes threats, humiliation, sleep deprivation, mock executions, and solitary confinement. Physical torture includes beatings, electric shocks, suffocation, nail removal, and sexual violence. Police often use these methods to get confessions, gather evidence, or punish the accused. In some cases, this leads to the death of the accused. These practices are against human rights and violate the right to fair treatment.
Even though the Constitution has several protections, there is no specific law against custodial deaths.mAccording to data from the Federal Home Ministry, there were about 170 custodial deaths recorded in India from 2025 to 2026 up to March 15. Bihar had the highest number, with 19 cases, followed by western states with 18 cases, and Uttar Pradesh with 15 cases. The use of severe pain, forced confessions, and coercive methods often leads to deaths. These methods target marginalized groups like Tribals, Muslims, LGBTQ individuals, and others. They often can’t speak up because they lack knowledge, access to legal help, and face threats from authorities. Before independence, police used torture to get confessions and maintain peace.
There was no law against it, and even after independence, there is no specific law against custodial torture and death. However, there are some general laws in the Constitution, such as Article 21, which ensures the Right to Life and Dignity and includes protections against torture. Article 20(3) ensures that a person can’t be forced to incriminate themselves, supporting the principle of innocence until proven guilty.
In recent years, new laws have been introduced to deal with custodial violence, such as Section 120 of the Bhartiya Nyaya Sanhita 2023, which penalizes those who cause serious harm to extract information or get confessions. Section 35 of the Bhartiya Nyaya Sanhita 2023 requires that proper grounds must be given before detention. Section 20 of the Bhartiya Sakhsha Abhiniyam invalidates evidence and confessions made under threats or coercion. These are steps taken by India to protect people from custodial torture. International organizations have also advised the Indian government to take action due to the high number of custodial deaths in India, alongside Pakistan, Nigeria, and Colombia. Section 45 of the UN Charter 1945 mandates that prisoners should be treated with dignity, freedom, and have their fundamental rights protected under the International Covenant on Civil and Political Rights (ICCPR).
In the case of DK Basu V. State of West Bengal (1997), the court ruled that police cannot use third-degree torture and that if custodial torture or death occurs, the state would be held responsible. In the case of Santhanakumaran V. State of Tamil Nadu, a father and son were killed in police custody, and the court ruled it was murder and a violation of human rights. Nine police officers were sentenced to death, and they were ordered to pay Rs. 1.40 crore, which is a rare case. The major challenge in reducing custodial torture is the lack of a specific law in the Constitution, and the National Human Rights Commission (NHRC) depends on the government for funding. Victims often don’t complain due to lack of legal aid and fear of retaliation.
Custodial violence remains a serious issue in India, as many people are targeted by police on unclear grounds, often justified as clashes between police and criminals. The government should take action and create a separate provision to deal with custodial deaths. To address this, an independent investigative committee has been formed to examine such encounters and hold the perpetrators accountable to protect individual rights and interests.
