Why in the news?

  • The Supreme Court has questioned the Centre on non-compliance of its directive to install CCTV cameras in the offices of agencies such as the CBI, ED, and NIA to prevent custodial torture.

Custodial Torture

  • What is it?: 
    • Custodial torture refers to the use of physical or psychological violence by police, prison staff, or any law-enforcement authority against a person in custody during arrest, interrogation, remand, or imprisonment.
    • It violates Article 20 (Protection against Self-incrimination), Article 21( Right to Life and Personal Liberty) and Article 22(Safeguards on Arrest).
  • Statistics:
    • India reports hundreds of custodial deaths annually (National Human Rights Commission).
    • Many go unreported, and conviction rates are extremely low.
    • NCRB 2023 recorded more than 100 custodial deaths but only a handful of police personnel were chargesheeted, highlighting systemic gaps.
  • Reasons for Custodial Tortures in India:
    • Colonial legacy of policing focuses on extraction rather than investigation.
    • Pressure to “solve cases” quickly.
    • Lack of forensic infrastructure causes dependence on forced confession.
    • Poor training & sensitization of police staff.
    • Weak accountability → rare convictions, culture of impunity.
    • Overcrowded prisons & poor oversight.
    • Socio-economic vulnerability of victims.
  • Safeguards
    • Constitutional Safeguards:
      • Art. 21: Protection of life and dignity.
      • Art. 20(3): No self-incrimination and prevents forced confession.
      • Art. 22(1) & (2): Right to lawyer and to get produced before a magistrate within 24 hours.
    • Statutory Safeguards:
      • Section 35 in BNSS: Arrest only when necessary
      • Section 187 in BNSS: Remand procedures under judicial oversight
      • BNS Section 120: Punishment for causing hurt/grievous hurt to extort confession
      • SC/ST Act – Additional protection for Dalits/Adivasis.
    • Judicial Safeguards:
      • D.K. Basu vs State of West Bengal (1997): Laid down guidelines for Arrest memo, Right to lawyer and Maintain arrest register
      • Joginder Kumar vs State of UP (1994): Arrest should not be routine, but justified.
      • Prakash Singh Case (2006): Police reforms to reduce abuse of power.
      • Guidelines to install CCTV Cameras in offices of agencies like CBI, ED and NIA to avoid custodial torture.
  • Impacts of Custodial Torture:
    • Erodes public trust in law enforcement.
    • Violates human rights & weakens democracy.
    • Damages India’s global image on rule of law.
    • Produces false confessions, weakening criminal justice outcomes.
    • Exacerbates marginalization of Dalits, Tribals, minorities, migrants, poor.
  • Way Forward:
    • Ratify UNCAT and enact a comprehensive Anti-Torture Law.
    • Strengthen forensics, CCTV in police stations (SC ruling, 2020).
    • Mandatory body-worn cameras during arrest/interrogation.
    • Sensitization & training in human rights and modern policing.
    • Strict accountability — prosecution of erring officials.
    • Legal aid services for vulnerable groups (under NALSA).

Source: The Hindu