Abstract
Police deaths across India are on the rise and in fact overlooked by many. What happens inside the police station while being in custody is something that is not accessible to the public. Only after a particular case comes out to the society that a particular person has died due to the injuries inflicted while being in police custody is when the civilians are aware of it. This article will deal with the recent police custodial deaths, why it happens and what have been the measures taken to curb it.
Introduction
Custodial death means death of an accused during pre-trial or after conviction. It can be caused by direct or indirect acts from the police. In recent years, there has been a significant increase of deaths caused by police custody. Mainly why Police request for an accused to be under police custody is for aiding them in evidence discovery, interrogation in fact – finding and tracing linked accomplices. When this police custody becomes a problem is when there is risk of custodial violence and forced confession. Another major risk is not following the clear guidelines established under D.K Basu v. State of West Bengal which lays down that an Officer should wear clear name tags, prepare an arrest memo, ensuring accused undergoes medical examination at the time of arrest and every 48 hours thereafter. When we look into the sphere of the powers that police have, they tend to over use their power routinely and when there is no proper justification of the initial arrest made.
Key words
Police Custody, Police Custodial Deaths, Custodial violence
Executive Overreach: Unwarranted or Arbitrary Detention
Police custody is only legal when the initial arrest was necessary and justified. There can be problems arising from this stage onwards when police exercise their power without any limits as a routine. A relevant case law to look into is Arnesh Kumar v. State of Bihar (2014) wherein the Supreme Court stepped in to curb the practice of “Indiscriminate Arrest” which are made just because an offense is a cognizable arrest. The Court mandated that police should only arrest if they satisfy the essential criteria given under section 35 of the BNNS and they need to record the reasons in writing and justify the detention. Even the Magistrate can be said to be responsible. The Police custody becomes problematic if it is granted by a Magistrate without “prudently analysing the checklist, reasons and other documents” furnished by the police as was held in the case of Arnesh Kumar v. State of Bihar. This custody also becomes a problem when the purpose of custody is only to verify. If it is to verify a statement previously given by the accused they must be in judicial custody and not police custody. Another facet of this when an accused declines to make a confession before a Magistrate, they must not be remanded back to police custody as this will again reopen the pressure from the police. It is also pertinent to note that custodial deaths are one of the most brutal forms of human rights abuse.
National Crime Records Bureau Data
According to the National Crime Records Bureau, Maharashtra recorded the highest number of custodial deaths with about 17 cases of these seven of them were by suicided and ten were due to illnesses with 13 occurring before the accused could be produced before the court for remand. According to the data published by the National Crime Records Bureau (NCRB), the state of Gujarat recorded a total of thirteen custodial deaths during the year 2023. Out of these 5 of these deaths were caused due to suicide and seven of them were due to illness suffered during the custody period. The report also indicated that the state of Maharashtra demonstrated compliance with the guidelines by initiating judicial inquiries into all seventeen custodial deaths reported in 2023.
Recent cases of Custodial Deaths from states of India
Tamil Nadu
A recent custodial death tragedy in the state of Tamil Nadu has left the Nation in shock regarding police power within the criminal justice system. This was the case of a 28 year old temple security guard who had been from Sivaganga district who had died in police custody. The post-mortem examination conducted showed forty-four external injuries, along with extensive internal hemorrhaging and other indications consistent with severe physical assault and custodial torture. The revelation of such injuries led to widespread public outrage and demands for accountability. In response, the State Government of Tamil Nadu promptly suspended and arrested five police officers allegedly involved in the incident. Furthermore, acknowledging the gravity and sensitivity of the case, the government transferred the investigation to the Central Bureau of Investigation (CBI). This incident has once again brought to the forefront the persistent challenges of custodial violence in India, emphasizing the urgent need for structural police reforms and the effective enforcement of law in protecting the rights of individuals in custody.
Madhya Pradesh
Recently a 26 year old tribal man from the nomadic Pardhi community , Guna District Madhya Pradesh named Deva Pardhi had died due to police custody. This happened on the day of this wedding procession when Deva and his uncle Gangaram Pardhi were taken by police under the pretext of questioning for a theft case of Rupees 8 lakhs. However, within just hours of taking him, Deva was found dead in custody. Police were claiming that he died of a sudden cardiac arrest but however his family deny it, and they suspected brutal torture. Taking this matter into cognizance, the Supreme Court transferred the investigation to the Central Bureau of Investigation (CBI).
Legal implications
Firstly, it is a blatant violation of Article 21 of the Constitution of India that guarantees the right to life and personal liberty. Secondly, The BNSS (Section 187) allows the 15-day police custody limit to be taken “in parts” over a longer period (up to 40 or 60 days of initial detention). Legal experts contend that this new flexibility significantly affects the fundamental rights of citizens by prolonging the accused person’s exposure to the high-risk environment of police custody, increasing the risk of torture, coerced confessions, and human rights violations over a longer duration
Challenges
India’s failure to enact domestic anti-torture legislation, despite its commitment to international conventions, poses a major legal challenge. This absence makes it more difficult to extradite criminals from other countries and weakens the legal tools available to prosecute and prevent the use of torture against citizens.
Conclusion
Therefore, police custodial deaths are on the rise and it is high time that states make legislations specifically meant for police custodial deaths.
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WRITTEN BY S.KAVIYA SRI
