Answer

Introduction 

The “Dirty Harry” model of policing sparked by force, intimidation, and violence to secure confessions undermines democratic policing by replacing constitutional procedures with brutality. In India, persistent custodial torture reflects this gap between constitutional ideals and ground realities, with 687 custodial deaths reported between 2018 and 2023, averaging two to three per week, exposing a deep institutional crisis and failure of accountability despite legal safeguards.

Structural Causes of Custodial Violence in India

• Lack of Scientific Investigation Tools: Police rely on confessions due to outdated infrastructure and limited forensic access.
• Pressure for Quick Results: Officers act under political and hierarchical pressure to close cases fast.
• Inadequate Police Training: 90% of police personnel are constables with minimal training in legal or human rights norms.
• Absence of Accountability Mechanisms: No independent authority monitors custodial behaviour and senior officers often ignore complaints.
• Structural Social Bias: Marginalized communities face disproportionate torture due to systemic caste and class bias.
• Weak Legal Deterrents: India has no standalone anti-torture law; police act with virtual impunity.
  Eg: India is yet to ratify the UN Convention Against Torture (UNCAT) despite signing in 1997.

Impact of Custodial Violence on Rule of Law

• Erosion of Constitutional Morality: Torture violates Article 21 (Right to Life and Dignity) and weakens civil liberties.
  Eg: K.S. Puttaswamy Judgment (2017) affirms bodily autonomy as Fundamental Right.
• Undermines Judicial Credibility: Forced confessions corrupt the trial process and reduce conviction reliability.
  Eg: SC in D.K. Basu vs State of West Bengal (1996) mandated arrest memos and family intimation to curb custodial abuse.
• Culture of Impunity: Police learn to act above the law, undermining public trust in institutions.
  Eg: Out of 1,888 custodial deaths between 2001–2020, 893 cases were registered, 358 charge‑sheeted, yet only 26 policemen were convicted, demonstrating impunity.
• False Confessions and Miscarriage of Justice: Torture leads to false leads, punishing innocents and letting real offenders escape.
• Disincentivizes Evidence-Based Policing: Focus on physical coercion discourages forensic and analytical practices.
• Increased Risk of International Reproach: Non-compliance with UNCAT affects India’s global human rights reputation.
  Eg: India listed as “high-risk” country in Global Torture Index 2025 by the World Organisation Against Torture.

To replace coercive policing, India must adopt humane, evidence-based models with strong accountability.

Comprehensive Reforms Drawing Upon Global Best Practices

• Adopt the PEACE Model (UK): Focuses on respectful, recorded, and structured interviews without coercion.
  Eg: The European Committee for the Prevention of Torture (CPT) has endorsed Preparation and Planning, Engage and Explain, Account, Closure, and Evaluation (PEACE) model.
• Video Recording of Interrogations: Ensures transparency and accountability in police questioning.
  Eg: New Zealand mandates video-recording of all police interrogations; India has no such norm.
• Independent Police Complaints Authority (IPCA): Establish state-level IPCAs for impartial probe into custodial abuse.
  Eg: Prakash Singh Judgement by Supreme Court in 2006, recommended  setting up the State Police Complaints Authority (SPCA).
• Mandatory Forensic Involvement: Encourage reliance on forensics rather than confession for conviction.
• Human Rights-Based Police Training: Train police in rights, community engagement, and non-violent methods.
  

Conclusion

Constitutional democracy and torture cannot coexist. As India aspires to global leadership, its policing must reflect justice, dignity, and evidence, not fear and brutality. The future lies in professionalism, transparency, and lawful interrogation, not custodial coercion. As rightly upheld in constitutional thought, “It is better that ten guilty persons escape than that one innocent suffer.”

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