Open Access Research Article
PREVENTING CUSTODIAL DEATH IN INDIA A CRITICAL STUDY OF THE LEGAL FRAME WORK AND INSTITUTION REFORMS
Abstract
Abstract
Custodial
death is one of the most serious human rights violations and a serious
challenge to the rule of law in India. “State custody places a person in a
particularly vulnerable position because the State owes a heightened duty to
protect a person’s life, dignity and physical integrity. The matter of death in
police and prison custody continues to be a matter of concern for the people in
terms of accountability, transparency and effective enforcement,
notwithstanding the constitutional safeguards, statutory provisions, directions
of the judiciary and institutional mechanisms put in place to prevent custodial
violence. The paper critically analyzes the legal framework of custodial deaths
in India and assesses the effectiveness of the existing institutional
mechanisms for preventing and investigating custodial deaths. It deals with the
protection of life and personal liberty under Article 21 of Constitution,
protection against unreasonable arrest and detention, provisions of criminal
law, custodial safeguards evolved by judicial pronouncements and the role of
institutions like National Human Rights Commission, State Human Rights
Commissions, courts, police authorities and prison administration. The study
also looks at the importance of independent investigation, medical examination,
CCTV surveillance, accountability of public officials, compensation to victims’
families and the implementation of preventive measures. The study found that
the problem of custodial death cannot be solved by the existence of legal provisions
alone. This requires that prevention is rigorous, investigations are
independent, institutions are held accountable, policing is professional,
prison administration is improved, detainees' rights are protected, and there
is more transparency. The research, therefore, seeks to identify the gaps
between the law and its implementation and suggests institutional and legal
reforms aimed at increasing accountability and preventing custodial deaths in
India.
Published Paper
Author Details
Authors: D.VENKATESAN
Registration ID: 1013127 | Published Paper ID: IJLRA13127
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 442-460
Article Information
PREVENTING CUSTODIAL DEATH IN INDIA A CRITICAL STUDY OF THE LEGAL FRAME WORK AND INSTITUTION REFORMS
Authors: D.VENKATESAN
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 6
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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