Custodial Deaths In India: Legal Accountability Mechanisms And Systemic Gaps

Custodial deaths in India remain not just a systemic but a deeply alarming human rights violations issue. Despite there being constitutional and statutory safeguards, designed to protect the right of the accused and uphold the rule of law, there remain gaps in the system that result in the failure of proper implementation of these safeguards. This paper explores the legal framework governing custodial deaths, the judiciary’s response to this, and the landmark judicial pronouncements that have aspired to prevent such deaths. In addition to this, it also examines the gaps and challenges that persist despite these laws and judgements, drawing on recent statistical data and high-profile cases heard by the Supreme Court and High Courts. It highlights the structural deficiencies that lie in investigative mechanisms, the absence of a domestic anti-torture legislation, and India’s laid-back attitude in framing one as is required by certain international conventions that India is a signatory to. It also compares India’s approach to custodial deaths with other jurisdictions abroad, thereby suggesting valuable lessons and reforms. This study aims to eradicate the gaps between laws and implementation in the context of custodial deaths in India.