The Supreme Court criticised the Centre and several States for failing to comply with its Paramvir Singh Saini vs Baljit Singh judgment (2020) mandating CCTV installation in all police stations and offices of central law enforcement agencies to prevent custodial torture.

Custodial Death Trends

• National Picture: India reported 11,656 deaths in judicial/police custody over six years; Uttar Pradesh topped with 2,630 deaths.
• From 2016–17 to 2021–22, Tamil Nadu recorded 490 custodial/judicial deaths, the highest in southern India.
• Skewed Detention Pattern: In 2022, 38.5% of detenues in Tamil Nadu belonged to Scheduled Castes, though SCs form only 20% of the population.

Constitutional Provisions against Custodial Torture

• Article 14 – Equality Before Law: Ensures equal protection of the law and holds law enforcement agencies accountable for their actions.
• Article 20(3) – Protection Against Self-Incrimination: Safeguards individuals from being compelled to confess, thereby preventing coerced or forced confessions.
• Article 21 – Right to Life and Personal Liberty: Guarantees life and liberty, prohibiting torture, cruel treatment, or inhuman practices.
• Article 22 – Protection Against Arbitrary Detention: Provides procedural safeguards to prevent unlawful arrest and detention.

Legal Safeguards Against Custodial Torture

• Section 120, Bharatiya Nyaya Sanhita (BNS), 2023: This section criminalises voluntarily causing hurt to extort confession through violence or coercion.
• Section 35, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: This section mandates that arrests and detentions must be lawful, justified, and supported by written documentation.
• Section 22, Bharatiya Sakshya Adhiniyam, 2023: This section declares confessions obtained through coercion, inducement, or threat as invalid.

Judicial Guidelines

• D.K. Basu v. State of West Bengal (1997): The Supreme Court issued 11 mandatory guidelines for arrest procedures, including preparation of arrest memos, medical examinations, and ensuring access to legal representation.
• State of Uttar Pradesh v. Ram Sagar Yadav (1985): The Court held that in cases of custodial violence, the burden of proof shifts onto the police, recognising the difficulty victims face in establishing wrongdoing while in custody.

Check Out UPSC CSE Books

Visit PW Store

International Safeguards Against Custodial Torture

• UN Charter general dignity (Art 55): The Charter holds that all individuals, including prisoners, must be treated with dignity. It aligns with International Covenant on Civil and Political Rights- article 7 (ICCPR), to which India is a signatory.
• Universal Declaration of Human Rights (1948): The UDHR prohibits torture, cruel or degrading treatment, ensuring every individual’s right to dignity, personal security, and freedom from abuse.
• UN Convention Against Torture (UNCAT) 1984: It aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment worldwide. India has signed the treaty but not ratified it.

DOWNLOAD PDF