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ABSTRACT
Custodial death is a grave problem that warrants attention and action. It constitutes a breach of human rights and erodes public confidence in law enforcement agencies. One of the primal sources of custodial death is the misuse of police powers.
The police may exert disproportionate force during an arrest or interrogation, leading to the suspect's demise. Additionally, the police may subject the suspect to inhumane treatment or torture, which can result in severe injuries or death.
The rights of prisoners are protected by a number of clauses in the Indian Constitution and statutory law, including Article 20(1) and (3), Article 21, and Article 22. This article primarily focuses on the issue of custodial death and different ways to restrict police power in this regard.
INTRODUCTION
Citizens are protected against discrimination under the fundamental rights. In India, where the rule of law is the administration's compass in all decisions and actions and the fundamental rights to life and liberty are of the utmost importance, instances of cruel treatment and third-degree treatment by policemen cast doubt on the effectiveness of the entire administrative apparatus . India, the largest democracy in the world, has seen an increase in custodial death. . Death in captivity is a serious violation of human rights. Abuse in the custody is the primary cause of mortality in jails and prisons .. The National Human Rights Commission states that the police officers in charge should be held liable in situations of custodial deaths rather than the government.
WHAT IS CUSTODIAL DEATH?
Custodial death is not a new concept, especially in India, where the phenomenon has been practised since India's sovereignty was in the hands of Britishers .. It reflects a lack of legal provisions in our judicial system to reprimand law enforcement authorities for carrying out brutal practises and resorting to torture by claiming "performance of duty."
A custodial death is generally used to describe a person who passes away while being kept in either police or court custody . It can occur when a suspect is tormented with extreme force or subjected to other cruel treatment that could risk their life. . Custodial deaths resemble a dark spot covering the entire police force. Usually, a death in custody occurs while a police investigation is ongoing.
The notion of "custodial death" is not a novel concept within Indian culture. Such heinous crimes were perpetrated during the British colonial era when Indians were detained by the British authorities for questioning, and the latter resorted to every means at their disposal to subject them to torture. Consequently, there were instances when an Indian would endanger his own life. It is a fact that torture has no cure and can even obliterate the human soul. The impact of torture is irreversible, and when the human body succumbs to such physical violence, death becomes the ultimate outcome. It should be noted that torture is not confined to physical acts; it can also encompass mental torture.
Custodial Death in India: From 2017 to 2018, there were a total of 146 occurrences of deaths that occurred there.
136 cases in 2018-2019
112 cases in 2019-2020
100 cases in 2020-2021
175 cases in 2021-2022
Concerning documented custodial deaths over the past five years, Gujarat has reported the most (80), backed by Maharashtra (76), Uttar Pradesh (41), Tamil Nadu (40), and Bihar (38). In 201 cases, the National Human Rights Commission (NHRC) has suggested financial relief, and in one case, disciplinary action.
Laws in India to Prevent Custodial Deaths
The Indian legislature has taken some steps to prevent custodial deaths through Acts, Bills, and Suggestions:
The Prevention of Torture Bill, 2010, was introduced in Parliament, and a report on it was recently presented in Rajya Sabha.
The National Human Rights Commission has issued guidelines for custodial deaths and rape.
In addition, the NHRC has issued guidelines for magisterial enquiry in cases of custodial death.
DIFFERENCE BETWEEN POLICE CUSTODY AND JUDICIAL CUSTODY
· Police custody
When an accused or suspected person is arrested by police on the grounds defined in Section 41 of the CRPC,1973, police have the authority to take such accused person into police custody and from the moment of arrest within 24 hours police have to present accused in front of magistrate excluding the time of journey, therefore during 24 hours police have complete ability to interrogate and investigate.
· Judicial custody
When a suspect or accused individual is retained or put in jail by order of the competent magistrate under Section 167 of the CRPC, this is referred to as judicial custody. In other words, when the accused or suspect is detained in the custody of a Magistrate rather than the police. Simply put before questioning an accused individual who is being held by a judicial magistrate and placed in a jail, central prison, or state prison, police must get authorization from the court.
Extrajudicial killing by the police officer
There are two types of extra-judicial killing i.e.-
· Custodial death
· Police Encounter
Custodial death and encounter are not the same things. When police torture or abuse a suspect and try everything imaginable to get what they want from the suspect, and the suspect gives up in the face of death, and the police have no cause to defend themselves on the grounds of self-defense, it is deemed custodial death. On the other hand, when police have a valid reason to claim that he murdered the suspect in self-defense, it is considered an encounter. It can be justified or unjustified.
CAUSES OF CUSTODIAL DEATH
The primary goal of the criminal justice system is to identify the actual offender of the crime, which is why police were established to protect their citizens. For this reason, they have the power to conduct investigations and interrogations, enabling victims to obtain justice through the court with the assistance of the police in gathering evidence. If these powers are used inadvertently, however, it can be said that the criminal justice system will be destroyed. No public worker has the right to act in a way that results in someone else's death and doing so will be prosecuted as a culpable homicide that does not amount to murder. The police have no right to take life during an interrogation. No legislation permits, police or any public official to exercise illegal or arbitrary power.
The causes of custodial death are as follows: -
Before entering the police station's lock-up, the detained individual was not properly searched, and the detainees committed suicide thereby cutting their nerves, hanging themselves, consuming poison, or burning themselves.
There is no other mode of interrogation being used besides force.
There is no openness in their approach, as it appears that occasionally among police officers, they display their unity so that no action would be taken against such personnel.
Police officers lack patience because they want the accused to confess immediately. If the accused refuses to accept guilt, they promptly resort to force.
Senior officials did not supervise the interrogation.
After a person died while in police custody, the officers would visit the station.
The police department's traditional practice of employing force is still prevalent, as evidenced by the fact that the police have used force not only with hardened criminals but even with those who had no previous criminal record and died in police custody.
Lack of respect for the law and the rights of others as well as an excessive desire to succeed through the use of force in the wrong ways leads to death in custody.
CONCLUSION
Five persons pass away in police detention each day in India. Custodial death was deemed one of the greatest crimes in a civilized nation with a legal system by the Supreme Court. In the context of the legal system, judges and prosecutors must ensure that people are shielded from torture. Even while our laws forbid custodial deaths, there is nonetheless custody violence. Essential rights like life, liberty, or dignity cannot be denied to someone who is in police custody, and the law must protect them. All changes to the criminal justice system should take their underlying causes into account and be made with the goal of eliminating them.
To track police activity and curb criminal activity, CCTV cameras should be installed in each prison cell as well as in the questioning areas. A police officer who tortures someone while they are being kept in custody should be charged criminally, punished, and held accountable instead of subjecting such people to administrative discipline.
LANDMARK CASE
D.K. Basu v State of West Bengal 1997,(1) in this case, The Hon’ble SC ruled that prisoners in custody, including those who have been convicted of a crime, are entitled to the protections of Article 21 of the Constitution, which cannot be violated unless done so in a way that complies with the law. The Hon’ble SC has also established specific criteria that must be followed in all instances of arrest and detention by the Central and State investigative and security agencies. The guidelines are widely known as “D.K Basu guidelines”.
Reference
2) D.K. Basu v State of West Bengal 1997
~Authored by Riya Sangani