Custodial Deaths In India: A Human Rights Analysis Of Accountability And Legal Safeguards

Abstract

This paper critically examines the persistent issue of custodial deaths in India from a historical perspective to contemporary society. The paper analyzes the legal protections and development measures taken by the legislature and judiciary through the enactment of statutory safeguards and judicial pronouncements. It uncovers the systemic problems faced by detainees within the criminal justice system, highlighting the lack of independent oversight, the weaponization of procedural laws, and the deficit in police accountability. The study adopts an analytical approach to identify the difficulties faced by victims of custodial violence and relies on the socio-legal method to depict the problem in a cultural, political, and historical sense, particularly focusing on how marginalized communities bear the disproportionate brunt of state violence. It compares Western democracies like the United Kingdom and South Africa with the Indian framework, evaluating independent investigative models. It also compares India’s legal framework—including the transition from colonial-era codes to the newly enacted Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) with international human rights standards. By examining the lived experiences and recent statistics surrounding custodial violence, the study finds that there exists a severe functional gap between the formal legal framework and practical implementation at the grassroots level. The paper concludes by recommending necessary measures and reforms for the protection of detainees and the enforcement of human rights in Indian police stations beyond mere directory guidelines.