Open Access Research Article
THE RIGHT TO LIFE IN POLICE CUSTODY: A LEGAL ANALYSIS OF CUSTODIAL DEATHS IN INDIA BY – THAYUB MAHMOOD ALI BASHA
Abstract
ABSTRACT
Every
person, including those who are arrested, detained, or otherwise under state
custody, is entitled to the fundamental constitutional protection of the right
to life, which is guaranteed by Article 21 of the Indian Constitution. Because
a person in custody is significantly deprived of the power to defend their own
physical integrity, custody generates a unique connection between the
individual and the State. As a result, when someone passes away while in
custody, the State has an increased obligation to protect life, stop torture
and other cruel treatment, guaranty access to healthcare, keep correct records
of detention, and offer efficient investigative procedures. Therefore,
custodial killings raise important constitutional issues pertaining to state
responsibility, institutional transparency, and the rule of law in addition to
being instances of individual misconduct. The different evidentiary positions
of the victim and the investigating authorities complicate the issue of
custodial fatalities in India. The person may pass away on property under the
authority of the same organization, whose staff will then have to provide an
explanation for the death. Concerns about evidence suppression or manipulation,
delayed case registration, inadequate medical documentation, untrustworthy
injury explanations, missing or non-preserved CCTV footage, and reliance on
police officers for vital information are all brought on by this structural
conflict. As a result, judicial rulings, legislative protections, human rights
procedures, and administrative directives have all contributed to the
development of the constitutional response.
The
change from the 1973 Code of Criminal Procedure to the 2023 Bharatiya Nagarik
Suraksha Sanhita adds a significant modern element to the legal study. When
someone passes away or vanishes while in police custody or another type of
custody that has been approved by a magistrate or court, Section 196 of the
BNSS expressly permits a magistrate's investigation. The clause works in tandem
with the more general procedural protections that control custody, arrest,
medical examination, and appearance before a court. Article 21 has gradually
evolved from a formal ban on deprivation of life to a substantive guaranty of
dignity and bodily integrity thanks to the Supreme Court's jurisprudence,
especially its rulings on custodial violence, compensation, arrest safeguards,
and CCTV surveillance.
The
institutional, legal, and constitutional framework controlling custodial deaths
in India is critically examined in this paper. It makes the case that
prevention calls for more than just disciplinary punishment or post-occurrence
compensation. Independent investigation, preservation of digital and medical
evidence, institutional separation between investigating agencies and custodial
authorities, enforceable monitoring mechanisms, professionalization of
interrogation, protection of complainants and witnesses, and significant
judicial oversight are all necessary for effective accountability. The study
concludes that only when the State's authority to detain is matched by an
equally strong institutional obligation to protect can the constitutional
promise of Article 21 be realized in custodial settings.
Published Paper
Author Details
Authors: THAYUB MAHMOOD ALI BASHA
Registration ID: 1013108 | Published Paper ID: IJLRA13108
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 173-188
Article Information
THE RIGHT TO LIFE IN POLICE CUSTODY: A LEGAL ANALYSIS OF CUSTODIAL DEATHS IN INDIA BY – THAYUB MAHMOOD ALI BASHA
Authors: THAYUB MAHMOOD ALI BASHA
- 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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