Custodial deaths

Context: 80 custodial deaths in 5 years, Gujarat tops list; Maharashtra second at 76

What is Custodial death? 

• Custodial death means the death of a person in custody whether of the police or judicial.
• Custodial Death is widely referred to as death that happens to a person who is under trial or has already been convicted of a crime.

Constitutional and Legal Provisions:

• Protection from torture is a fundamental right enshrined under Article 21 (Right to Life) of the Indian constitution.
• The right to counsel is also a fundamental right under Article 22(1) of the India constitution.
• Section 41 of Criminal Procedure Code (CrPC) was amended in 2009 to include safeguards under 41A, 41B, 41C and 41D, so that arrests and detentions for interrogation have reasonable grounds and documented procedures, arrests are made transparent to family, friends and public, and there is protection through legal representation.

Court judgements on  Custodial deaths/ Custodial violence:

• In Inderjeet v. State of Uttar Pradesh (2014), the Supreme Court held that punishment which has an element of torture is unconstitutional.
• In Francis Coralie Mullin vs. The Administrator, Union (1981) the Supreme Court held that Article 21 includes the right to protection against torture.
• D K. Basu v. State of West Bengal (1997) guidelines were passed to try and secure two rights in the context of any state action — a right to life and a right to know.
  • Some of the guidelines laid down in D K Basu judgement are:
    • All officials must carry name tags and full identification
    • Arrest memo must be prepared, containing all details regarding time and place of arrest, attested by one family member or respectable member of the locality.
    • The location of arrest must be intimated to one family or next friend, details notified to the nearest legal aid organisation and arrestee must be made known of each right
    • All such compliances must be recorded in the police register
    • He must get periodical medical examination
    • Inspection memo must be signed by the arrestee also and all such information must be centralised in a central police control room.

Source: The Indian Express.

Previous Year Questions

Q.1) With reference to India, consider the following statements:

1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail.
2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.

Which of the statements given above is/are correct? (2021)

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Q.2) With reference to India, consider the following statements:

1. Government law officers and legal firms are recognized as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
2. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.

Which of the statements given above is/are correct? (2022)

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Q.3) With reference to India, consider the following statements:

1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.
2. State Governments have their own Prisoners Release on Parole Rules.

Which of the statements given above is/are correct? (2021)

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2