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5th July 2025 (10 Topics)

Custodial Death

Context

The Aurangabad Bench of the Bombay High Court directed Parbhani police to register an FIR within a week in the alleged custodial death of Dalit law student Somnath Suryawanshi, citing prima facie evidence of custodial torture and fundamental rights violations. The decision follows a petition filed by the victim’s mother after autopsy and judicial findings revealed signs of physical assault during illegal detention.

Definition and Context

  • Custodial death refers to the death of an individual while in police or judicial custody.
  • It includes deaths due to torture, negligence, denial of medical care, or abuse during interrogation or detention.
  1. Constitutional Provisions Violated
  • Article 21: Protection of life and personal liberty.
  • Article 20(3): Protection against self-incrimination.
  • Article 22: Protection against arbitrary arrest and detention.

Legal Provisions & Judicial Guidelines

  • DK Basu vs. State of West Bengal (1997): Issued 11 binding guidelines on arrest and detention and introduced mandatory arrest protocols, maintenance of arrest registers, and medical checks.
  • Nilabati Behera vs. State of Orissa (1993): Ensured compensatory jurisprudence for custodial violence victims.
  • Prakash Singh vs. Union of India (2006): Mandated police reforms including separation of law and order and investigation wings.

Recent Data and Trends

As per NCRB 2021:

  • 88 custodial deaths reported.
  • Only 21 cases led to FIRs.
  • NHRC data (2017–2022): Over 2,000 custodial deaths across India.

Causes of Custodial Deaths

  • Use of third-degree methods during interrogation.
  • Lack of surveillance (absence of CCTV coverage).
  • Delay or denial of medical assistance.
  • Political interference in policing and lack of accountability.
  • Weak implementation of court-mandated guidelines.
Institutional Mechanisms
  • NHRC and SHRCs: Empowered to investigate custodial deaths and recommend compensation.
  • State Police Complaint Authorities (SPCAs): Weak presence or limited autonomy in most states.
  • Judicial Magistrate Inquiries: Often delayed or poorly executed.
International Frameworks
  • UN Convention Against Torture (UNCAT): India signed in 1997 but has not ratified.
  • Nelson Mandela Rules (2015): UN standards for humane treatment of prisoners.
  • Universal Declaration of Human Rights (1948): Right to dignity and protection from torture.
Recommendations and Reforms
  • Enact a comprehensive anti-torture law in line with UNCAT.
  • Ensure independent investigation by external agencies in all custodial deaths.
  • Strengthen police accountability mechanisms as per Prakash Singh guidelines.
  • Mandatory use of CCTV in all police stations and lock-ups.
  • Establish fast-track courts for trials in custodial violence cases.
  • Include human rights and ethics training in police curriculum.

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