The Custodial Deaths in India: A Legal and Humanitarian Perspective

Abstract

Custodial death is a pervasive issue and is regarded as one of the most egregious forms of violation, second only to the abhorrent crime of rape. The police are regarded as protectors or custodians of convicts, and in this context, the savior is only transgressing the laws and regulations established for the welfare of citizens and the safeguarding of humanity. Custodial deaths remain a stark reminder of the systemic failures in India’s law enforcement and criminal justice system. Despite constitutional protections and international obligations, the persistent occurrence of such deaths underscores a grave disregard for human rights. This paper explores the legal framework governing custodial deaths, examines key cases and statistics, and critically analysis the role of institutional impunity and lack of accountability. It concludes with recommendations aimed at reforming investigative, judicial, and penal systems to prevent such violations of human dignity. A death that takes place in a correctional facility or while a person is under the care of law enforcement is referred to as a custodial death. It can occur due to various causes, such as excessive use of force, neglect, or abuse by the authorities.