CUSTODIAL VIOLENCE IN MODERN INDIA

AUTHOR – UJJWAL SINGH, STUDENT AT FACULTY OF LAW, BANARAS HINDU UNIVERSITY

Best Citation – UJJWAL SINGH, CUSTODIAL VIOLENCE IN MODERN INDIA, ILE JOURNAL OF LAW AND PROCEDURE (ILE JLP), 1 (1) of 2023, Pg. 14-20, APIS – 3920 – 0045 | ISBN – 978-81-964391-3-2.

Abstract

Custodial violence, a term that encompasses torture, abuse, and death in police custody or other forms of detention, remains a grave concern in India’s criminal justice system. The practice of custodial violence violates the fundamental principles of human rights and poses a significant challenge to the rule of law. Despite constitutional safeguards and international commitments, instances of custodial violence continue to plague the country. It infringes the natural rights of the person by subjecting them to torture which may be physical, psychological, mental and not only they are subjected to punishment rather their families also become the source of critic in society. India has witnessed numerous cases where individuals detained by law enforcement agencies have suffered physical and psychological torment while in custody. These acts of violence often occur due to the misuse of power, inadequate training of police personnel, corruption within the system, and an overall lack of accountability. Such incidents not only undermine public trust in law enforcement but also perpetuate a culture of impunity. Authorities which exercises power of custody are continuously misusing it this paper tends to depict the growing concern of modern society. There are some fundamental rights which are provided to every citizens of India despite of any religion, race, caste, sex, place of birth and it is right of the detenu too that he is provided with some safeguards. Powers which are given to some persons to maintain law, order and peace in the society are using it violate the law.

Keywords- Custody, violence, human rights, judgements, rule of law