Custodial Death and Anti - Torture Law

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Kajol Juneja, Ishan Kasliwal, Dr. Sandhya Verma


Custody in Simple words means taking care of someone. When a person commits any offence he or she is meant to be punished by the authority. Punishment does not refer to torturing that person or degrading him in such an extent that he or she dies. When a person is in the custody whether Police or Judicial, it is the responsibility of the authorities to take care of him or her. In most of the countries Reformative theory of punishment is followed, it is believed that a prison is a place to reform a person who has committed any offence in any kind of circumstances and in such a place if any unforeseen happens or a person dies due to unexplained reason then the authorities shall be held liable.

Custodial Death is extremely a very shameful act in the part of the police authorities. From a very long time people fear from police because of their cruelty, not because they have committed any offence but because the misuse of power they do for their own selfish reason. Police are public officers and are for the public to serve them, thus it is not necessary that the police should use the method of torture to manage public. But in reality the people or inmates face is the torture special in the correctional homes like jail. 

Custody is characterized into two classifications Police Custody and Judicial Custody. Police custody start when the police capture a suspect engaged with a cognizable offense to anticipate an offense connected with removal of proof and to additionally explore and get data connected with the wrongdoing.Despite being in Judicial Custody, the accused will be released from prison and placed under the supervision of the Magistrate. Under legal care the police might cross examine the charged under a restricted time just on the consent from the concerned Magistrate.

One of the most extreme forms of human rights abuse is death in custody.It is an outright attack on the right to life and liberty guaranteed by the Indian Constitution. It is the obligation of the separate states to shield the lives of the accused and prisoners .In police and judicial detention centres and correctional homes, humans criminally charged or convicted have the opportunity to a truthful trial welfare and protection. However, law enforcement officials frequently fail miserably in carrying out their constitutional obligations,once such incidents occur; offenders make a strong effort to conceal their wrongdoings. The authorities perform a tremendous function in making sure the protection of the accused police officers.

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