Author(s): Eva Verma

Abstract: According to the data released by the Ministry of Home Affairs, the number of deaths in police custody witnessed a nearly 60% increase over the last three years and 75% over the last two years across the country. In 2020, despite Covid-19 induced pandemic, the number of deaths in custody reached an all-time high with 1,840 deaths. The recent statistics portray Gujrat as the guilty flag-bearer of the maximum number of custodial deaths. The Supreme Court, while recognizing the grave situation, has held, the violence in custody which leads to the accused’s death, unacceptable according to the Indian morals. It has been categorized not only as an offense against the victim but also against humanity. Custodial Death is a clear violation of the “Right to Life” guaranteed under Article 21 of the Constitution of India. In this paper, the author paints a picture of the gruesome crime of Custodial Death in accordance with the Indian laws. The class-divide and access to legal amenities has been discussed as one of the challenges faced by the administration in curbing the crime. Further, the pressing need of judicial inquiries is highlighted to provide recourse to the victim and its family. A parallel is drawn with the English laws, to understand the roadblocks in reduction of Custodial Death in the country. The legal jargon surrounding Custodial Deaths is simplified through the utilization of case studies and interpretation by the court of law. The paper concludes by providing a suggestive framework that decodes the methods of torture on the victim and the manner to appropriate the compensation payable to the kins of victims.

Pages: 103-113 | Views: 1287 | Downloads: 969

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