RuebenFrankfurte at 14:24, 17 February 2026

2026-02-17T14:24:43Z

New page

{{short description|none}}
'''Custodial deaths in India''' refer to the deaths of persons in [[judicial custody|judicial]] or [[death in custody|police custody]] while undergoing a trial or serving a sentence. The [[Indian Evidence Act]], and [[Code of Criminal Procedure (India)|Code of Criminal Procedure]] lays down several guidelines that prevents harming of prisoners. In 1997, India signed the [[United Nations Convention against Torture]], however it is yet to rattify the same. The [[National Human Rights Commission of India]] reported 2,307 deaths had occurred in custody from 1 April 2021 to 28 February 2022.

== Statutory provisions ==
The Article 20 (3) of the [[Indian Constitution]] protects the citizens from [[self incrimination]].<ref>{{cite act|title=[[Constitution of India]]|article=20|year=1948}}</ref> Sections 24 and 25 of the [[Indian Evidence Act]] renders forced [[confession]]s and confessions made to the police irrelevant in trials.<ref>{{cite act|title=[[Indian Evidence Act|Indian Evidence Act, 1872]]|article=24 and 25|year=1872}}</ref>

As per the [[Code of Criminal Procedure (India)|Code of Criminal Procedure]] (CrPC),
* Section 176 (I) states that if a person in custody dies or disappears, or a woman is [[rape]]d in custody, the Judicial Magistrate has the power to order an inquiry.<ref>{{cite act|title=[[Code of Criminal Procedure (India)]]|article=176|year=1973}}</ref>
* Section 46 states the police cannot kill anyone while performing an arrest.<ref>{{cite act|title=[[Code of Criminal Procedure (India)]]|article=46|year=1973}}</ref>
* Section 49 states the police cannot use excessive restraints while performing an arrest.<ref>{{cite act|title=[[Code of Criminal Procedure (India)]]|article=49|year=1973}}</ref>
* Section 54 allows a magistrate to appoint a medical petitioner to examine the accused under-trials.<ref>{{cite act|title=[[Code of Criminal Procedure (India)]]|article=54|year=1973}}</ref>

The [[Bharatiya Nyaya Sanhita|penal code]] allows sentences of up to seven years for policemen in cases of torture.<ref>{{cite act|title=Indian Penal Code|article=330|year=1860}}</ref>

=== Reforms===
On 18 December 1996, in the ''D. K. Basu vs. state of [[West Bengal]]'' case, which was a result of a [[Public Interest Litigation]] based a letter sent by D. K. Basu, a former [[Calcutta High Court]] judge and then executive chairman of Legal Aid Services of West Bengal, to the [[Chief Justice of India]] on 26 August 1986, the [[Supreme Court of India]] suggested 11 guidelines which covered arresting procedures and compensation in case of death of the detainee. The letter had earlier requested the court to examine the issue of frequent custodial deaths, form guidelines to be followed during arrest and formulate compensation to be provided to the victims/families in case of custodial torture or death.<ref>{{cite court |litigants=D. K. Basu, A. S. Anand vs. State of [[West Bengal]], State of [[Uttar Pradesh|UP]] |vol= 592 of 1987|reporter= |opinion= |pinpoint= |court= [[Supreme Court of India]]|date= 1996}}</ref> The Code of Criminal Procedure was amended in 2008 to incorporate some of the suggestions of the Supreme Court verdict.<ref>{{cite news |last1=Chhibber |first1=Maneesh |title=CrPC amendments: It all started with custody deaths |url=http://archive.indianexpress.com/news/crpc-amendments-it-all-started-with-custody-deaths/414075/0 |access-date=15 April 2022 |work=[[The Indian Express]] |date=23 January 2009}}</ref>

On 6 May 2010, the [[Lok Sabha]] passed the Prevention of Torture Bill, 2010. However, the [[Rajya Sabha]] referred the bill to a select committee as it was felt that the bill was not up to the standards of the [[United Nations Convention against Torture]].<ref>{{cite web |author1=[[Mullappally Ramachandran]] |title=Prevention of Torture Bill to Meet UNCAT Standards |url=https://pib.gov.in/newsite/erelcontent.aspx?relid=64612 |work=[[Press Information Bureau]] |access-date=14 April 2022 |date=11 August 2010}}</ref> The revised bill lapsed when the [[15th Lok Sabha]] was dissolved on 18 May 2014.<ref>{{cite web |author1=[[Hansraj Gangaram Ahir]] |title=Rajya Sabha, Unstarred Question No. 85 |url=https://mha.gov.in/MHA1/Par2017/pdfs/par2018-pdfs/rs-18072018-English/85.pdf |website=[[Ministry of Home Affairs]] |access-date=14 April 2022 |date=18 July 2018}}</ref>

In 2018, the [[Law Commission of India]] suggested in a report that India should [[ratification|ratify]] the [[United Nations Convention against Torture]], which was signed in 1997, and pass a standalone law against torture of citizens by government agents. The report pointed out that India was facing difficulties in [[extradition|extraditing]] criminals from other nations dues its reputation of custodial torture.<ref>{{cite news |title=Ratify U.N. Convention Against Torture, law panel tells Centre |url=https://www.thehindu.com/news/national/ratify-un-convention-against-torture-law-panel-tells-centre/article19956630.ece |access-date=14 April 2022 |work=[[The Hindu]] |date=31 October 2017}}</ref>

== Statistics ==
According to a report released by National Campaign Against Torture, in 2019, there were 1606 deaths which occurred in judicial custody and 125 deaths in police custody.<ref>{{cite news |title=Five custodial deaths in India daily, says report |url=https://www.thehindu.com/news/national/five-custodial-deaths-in-india-daily-says-report/article31928611.ece |access-date=15 April 2022 |work=[[The Hindu]] |date=27 June 2020}}</ref> On 26 July 2022, while answering a question in the [[Lok Sabha]], the union minister of state for [[Ministry of Home Affairs (India)|home affairs]] revealed that 4,484 cases of custodial deaths were reported in India during the period FY 2020-21 to FY 2021-22.<ref name=2020data>{{cite news |last1=Bhatnagar |first1=Isha Sahai |title=4,484 custodial deaths in past two years, UP tops chart: Centre |url=https://www.hindustantimes.com/india-news/4484-custodial-deaths-in-past-two-years-up-tops-chart-centre-101658862858478.html |access-date=12 August 2022 |work=[[The Hindustan Times]] |date=27 July 2022}}</ref><ref name="DataPDF">{{cite web |title=Lok Sabha Unstarred Question No. 1459 |url=http://164.100.24.220/loksabhaquestions/qhindi/179/AU1459.pdf |work=[[Parliament of India]] |access-date=12 August 2022 |date=26 July 2022}}</ref> The [[National Human Rights Commission of India]] reported 1,606 deaths occurred in judicial custody and 125 deaths in police custody from 1 April 2021 to 28 February 2022.<ref>{{cite news |title=Over 2,150 cases of deaths in judicial custody in 2021-22: Govt |url=https://www.indiatoday.in/india/story/over-2150-cases-of-deaths-in-judicial-custody-govt-1928310-2022-03-23 |access-date=14 April 2022 |work=[[India Today]] |date=23 March 2022}}</ref><ref>{{cite news |last1=Jain |first1=Bharti |title=MHA to Lok Sabha: 2152 cases of deaths in judicial custody |url=https://timesofindia.indiatimes.com/india/mha-to-lok-sabha-2152-cases-of-deaths-in-judicial-custody-155-in-police-custody/articleshow/90380779.cms |work=[[The Times of India]] |date=22 March 2022}}</ref>

===State-wise custodial deaths===
{| class="wikitable sortable"
|+ States-wise reported custodial deaths<ref name=2020data/><ref name="DataPDF"/>
|-
! State !! 2020-21 !! 2021-22
|-
| [[Andhra Pradesh]] || 50 || 48
|-
| [[Arunachal Pradesh]] || 3 || 2
|-
| [[Assam]] || 19 || 22
|-
| [[Bihar]] || 159 || 237
|-
| [[Chhattisgarh]] || 67 || 93
|-
| [[Goa]] || 1 || 6
|-
| [[Gujarat]] || 99 || 126
|-
| [[Haryana]] || 49 || 109
|-
| [[Himachal Pradesh]] || 8 || 7
|-
| [[Jharkhand]] || 54 || 81
|-
| [[Karnataka]] || 8 || 10
|-
| [[Kerala]] || 5 || 8
|-
| [[Madhya Pradesh]] || 163 || 201
|-
| [[Maharashtra]] || 143 || 197
|-
| [[Manipur]] || 1 || 1
|-
| [[Meghalaya]] || 7 || 13
|-
| [[Mizoram]] || 3 || 8
|-
| [[Nagaland]] || 2 || 9
|-
| [[Odisha]] || 93 || 67
|-
| [[Punjab, India|Punjab]] || 72 || 153
|-
| [[Rajasthan]] || 74 || 94
|-
| [[Sikkim]] || 4 || 2
|-
| [[Tamil Nadu]] || 63 || 109
|-
| [[Telangana]] || 23 || 25
|-
| [[Tripura]] || 1 || 6
|-
| [[Uttar Pradesh]] || 451 || 501
|-
| [[Uttarakhand]] || 47 || 27
|-
| [[West Bengal]] || 185 || 257
|-
| [[Andaman and Nicobar]] || 0 || 1
|-
| [[Chandigarh]] || 2 || 1
|-
| [[Dadra and Nagar Haveli]] || 0 || 0
|-
| [[Daman and Diu]] || 0 || 0
|-
| [[Delhi NCR]] || 45 || 65
|-
| [[Jammu and Kashmir (union territory)|Jammu & Kashmir]] || 9 || 17
|-
| [[Ladakh]] || 0 || 0
|-
| [[Lakshadweep]] || 0 || 0
|-
| [[Puducherry (union territory)|Puducherry]] || 0 || 1
|- class="sortbottom"
| '''Total''' || '''1940''' || '''2544'''
|}

==Notable cases==
* [[Rajan case]]: College student P. Rajan was arrested by the [[Kerala Police]] on 1 March 1976 during the [[The Emergency (India)|Emergency]] period. Rajan's father filed a ''[[habeas corpus]]'' petition in the [[Kerala High Court]] and as the police failed to produce Rajan on the stipulated date of 21 April 1976, he was presumed to have died at the [[Kakkayam torture camp]] in police custody.<ref>{{cite news |last1=Pant |first1=Rajshri |title=Rajan case: Kerala CM Karunakaran resigns|url=https://www.indiatoday.in/magazine/crime/story/19770515-rajan-case-kerala-cm-karunakaran-resigns-823684-2014-08-08 |access-date=15 April 2022 |work=[[India Today]] |date=15 May 1977}}</ref>
* On 1 December 1987, the [[Orissa Police]] arrested Suman Behera at [[Sundergarh]]. His dead body was found on nearby train tracks on 2 December 1987. Suman's mother Nilabati Behera sued the [[Government of Orissa]], and the Supreme Court, in its verdict on 23 March 1993, ordered the state government to pay a compensation of {{INRconvert|150,000|year=1993}},<ref>{{cite court |litigants= Nilabati Behera vs. State of Orissa|court= [[Supreme Court of India]]|date=1993|quote= Accordingly, we direct the respondent-State of Orissa to pay the sum of Rs.1,50,000 to the petitioner and a further sum of Rs.10,000 as to be paid to the Supreme Court Legal Aid Committee. |postscript= }}</ref> which set a precedent for compensation in such cases.<ref>{{cite web |last1=Vij |first1=R. K. |title=Why a separate anti-torture law? |url=https://www.thehindu.com/opinion/op-ed/why-a-separate-anti-torture-law/article32132114.ece |access-date=14 April 2022 |work=[[The Hindu]] |date=20 July 2020 |quote=The Court's decision in Nilabati Behera v. State of Orissa made sure that the state could no longer escape liability in public law and had to be compelled to pay compensation.}}</ref>
* On 27 September 2005, Three policemen of the Kerala Police arrested Udayakumar on suspicion of theft in [[Thiruvananthapuram]]. After his death in police custody, on 23 July 2018, a [[Central Bureau of Investigation]] (CBI) special court found two of the officers guilty and sentenced them to death, while the other accused died during the trial.<ref>{{cite news |title=Udayakumar lock-up death in Kerala: Five cops found guilty 13 years after murder |url=https://www.thenewsminute.com/article/udayakumar-lock-death-kerala-five-cops-found-guilty-13-years-after-murder-85314 |work=[[The News Minute]] |date=24 July 2018}}</ref><ref>{{cite news |title=Two Kerala cops get death for custodial murder of 23-year-old |url=https://www.hindustantimes.com/india-news/two-kerala-policemen-sent-to-gallows-for-custodial-death-13-years-ago/story-Vbr1z59UHbwCXaaPni09FO.html |work=[[The Hindustan Times]] |date=25 July 2018}}</ref><ref>{{cite news |title=No parent should suffer my fate: Prabhavathi Amma |url=https://www.thehindu.com/news/cities/Thiruvananthapuram/no-parent-should-suffer-my-fate-prabhavathi-amma/article24514968.ece |access-date=14 April 2022 |work=[[The Hindu]] |date=26 July 2018}}</ref>
* On 12 June 2019, Kerala Police arrested 49-year-old K. Rajkumar at [[Nedumkandam]] in a case related to a [[financial crime]]. While he was produced before the court on 16 June 2019, he died on 21 June 2021 after being tortured in custody.<ref>{{cite news |title=Kerala cops responsible for Rajkumar's custodial death to be dismissed |url=https://www.thenewsminute.com/article/kerala-cops-responsible-rajkumars-custodial-death-be-dismissed-143495 |access-date=14 April 2022 |work=[[The News Minute]] |date=15 February 2021 }}</ref>
* [[Custodial death of P Jayaraj and Bennicks]]: On 19 June 2019, P. Jeyaraj and his son Bennicks were arrested by the [[Tamil Nadu Police]] at [[Sathankulam]] for allegedly keeping their store open past the government stipulated timings. They were tortured in custody, and Bennicks died on 22 June 2020 and P. Jeyaraj died later on 23 June 2020.<ref>{{cite news |last1=Chandrababu |first1=Divya |title=Tamil Nadu custodial death case: Trial begins after eight months |url=https://www.hindustantimes.com/india-news/tamil-nadu-custodial-death-case-trial-begins-after-eight-months-101613647994039.html |access-date=15 April 2022 |work=[[The Hindustan Times]] |date=18 February 2021 }}</ref> The case was transferred to the CBI, nine police officers were arrested later, and the [[Friends of Police]], a community initiative, was discontinued in its aftermath.<ref>{{Cite web|author=Akshaya Nath|title=Tuticorin custodial deaths: Father-son duo brutally tortured, made to clean their own blood, says forensic report|url=https://www.indiatoday.in/india/story/tuticorin-custodial-deaths-father-son-jayaraj-benniks-brutally-tortured-blood-walls-cbi-forensic-report-1735390-2020-10-27|access-date=30 October 2020 |work=[[India Today]] |date=27 October 2020 }}</ref>
* On 28 June 2025, 27-year-old B. Ajith Kumar was illegally taken into custody by the [[Tamil Nadu Police]] for investigation into an alleged theft case in [[Thirupuvanam, Sivaganga]]. He later died of police torture during the unofficial interrogation.<ref>{{cite web|url=https://frontline.thehindu.com/social-issues/social-justice/custodial-death-ajith-kumar-tamil-nadu-police-brutality/article69767793.ece|title=How many more Ajith Kumars?|date=4 July 2025|access-date=1 August 2025|work=[[Frontline (magazine)|Frontline]]}}</ref> The case was transferred to the CBI after the intervention of the [[Madras High Court]],<ref>{{cite web|url=https://www.ndtv.com/india-news/murderer-will-not-attack-like-this-madras-high-court-on-tamil-nadu-custodial-death-8808732|title="Even Murderer Will Not Attack Like This": Madras High Court On Tamil Nadu Custodial Death|date=1 July 2025|access-date=1 August 2025|work=[[NDTV]]}}</ref> and at least four policemen were arrested.<ref>{{cite news|url=https://www.hindustantimes.com/india-news/madras-hc-dismisses-bail-plea-by-4-policemen-in-custodial-death-case-from-2025-101771329123541.html|title=Madras HC dismisses bail plea by 4 policemen in custodial death case from 2025|date=17 February 2026|access-date=17 February 2026|work=[[The Hindustan Times]]}}</ref>

==See also==
* [[Encounter killings by police]]
* [[List of cases of police brutality in India]]

==References==
{{reflist}}

==Further reading==
* {{cite web |last1=Murali |first1=Krishnan |title=Custodial deaths in India: A toxic play of power and class |url=https://www.dw.com/en/custodial-deaths-in-india-a-toxic-play-of-power-and-class/a-59873741 |work=[[Deutsche Welle]] |date=19 November 2021}}

[[Category:Extrajudicial killings in India]]
[[Category:Deaths in police custody in India|-]]
[[Category:Killings by law enforcement officers in India]]
[[Category:Police misconduct in India]]
[[Category:Torture in India]]

Custodial deaths in India - Revision history

RuebenFrankfurte at 14:24, 17 February 2026