simple presentation on custodial violence. Includes definitions, types, forms, international and national legal framework that help curb this issue

2. What is Custodial Violence/Torture?
 Custodial Violence is a trait against human dignity and
human rights that springs out of a perverse desire to cause
suffering when there is no possibility of any retaliation.
 A senseless exhibition of superiority and physical power over
the one who is overpowered.

3. REALITIES
 Custodial violence is a reality.
 While it is the duty of the police to protect the rights of
citizens as prescribed in the Constitution, it is evident that
they violate their powers and use torture as part of their
investigation process.
 The poor, the deprived classes, the women and political and
social activists are usually are the people who are affected
the most by this kind of brutality.

4. FORMS OF CUSTODIAL VIOLENCE
 There are 4 forms of custodial violence:
 Torture :
•Physical
•Mental
 Sexual Harassment
 Rape
 Death

5. TYPES OF CUSTODIAL VIOLENCE
Violence in Police Custody:
This type of violence occurs when the police torture an
accused to find out the truth. This practice is very
common in India.
There are no safeguards to ensure that a person taken into
custody will have their detention recorded or have prompt
access to a lawyer or have access to a medical examination
before and after his/her detention.

6. CONTD…
Violence in Judicial Custody:
This kind of violence is usually seen in prisons or
detention centres. This violence is acted out by a gang of
prisoners who are given unlimited freedom within the
prison premises.
These gang members usually beat up innocent prisoners
who do not show allegiance to any of the gangs. This
kind of violence usually pushes victims to commit suicide.

7. INTERNATIONAL LEGAL FRAMEWORK
 The UNIVERSAL DECLARATION OF HUMAN RIGHTS has
certain provisions that prohibit torture :
 Sec. 5 states that No one shall be subjected to torture or to
cruel, inhuman or degrading treatment of punishment.
 Sec. 8 states that Everyone has the right to an effective remedy
by the competent national tribunals for acts violating the
fundamental rights granted him by the Constitution or by Law.

8. REMEDIES AT NATIONAL LEVEL
CONSTITUTIONAL SAFEGUARDS:
Art. 20 : Right to protection against conviction of offences.
Art. 21 : Right to Life and Liberty.
Art. 22 : Right to protection against arrest and detention in certain
circumstances:
 Being informed of the grounds of arrest.
 To be defended by a legal practitioner of his choice.
 Not applicable to an enemy alien.
 Production in the nearest Magistrate with 24 hours of arrest.

9. CONTD…
STATUTORY SAFEGUARDS:
Indian Evidence Act, 1872
Sec. 25 mentions that a confession to police officer cannot be
proved as against a person accused of any offence.
 Code of Criminal Procedure, 1973
Sec. 46 and 49 of the Code protect those under custody, from
torture, who are not accused of an offence punishable with death
or imprisonment for life.

10. CONTD...
Indian Police Act 1861
Sec. 7 and 29 of the Act provide for dismissal, penalty or
suspension of police officers who are negligent in the discharge of
their duties or unfit to perform the same.
Indian Penal Code
Sec. 330, 331 & 348 were enacted to curb the tendency of
policemen to resort to torture to extract confessions.

11. CONTD...
JUDICIAL PRECEDENTS:
The Supreme Court is heralded as a beacon of rights against
torture.
It provides guidelines on rights of the arrested persons
especially women.
Medical examination every 48 hours during detention by a
doctor from the approved panel of doctors.
Copies of all prescribed documents should be sent to the
concerned Magistrates.

12. NHRC GUIDELINES REGARDING ARREST
 No Warrant, No Arrest. (Conditions Apply)
 Arrest must be justified.
 Arrest and interrogation must be recorded and suspect must have clear name tags
and identification.
 During arrest and interrogation, suspect must be treated with dignity and the use of
force should be avoided.
 Using handcuffs and chains should be avoided.
 Presence of woman police officer is mandatory when a woman is being interrogated.
 Woman shall not be detained between 6pm to 6am.
 No force or violence to be administered to detained children or juveniles.

13. CONTD...
 Suspect is allowed to inform a friend or family member of the facts of his arrest.
 Suspect must be informed whether he is entitled to a bail or not.
 Suspect must be informed of his right to be legally defended.
 Suspect can request and is entitled to medical examinations before and after
detention.
 Suspect must be produced in court within 24 hours of his arrest.
 Suspect must be permitted to seek legal advice from his lawyer at any point during
an investigation.
 Investigations must be conducted in places that are notified by the court. Relatives
and friends must be informed about the place of interrogation.
 Interrogations must be conducted with dignity.