Justice Behind Bars-Reforming Custodial Norms

The recent case of custodial death in Tamil Nadu underscores the troubling persistence of high-handed practices and undue force in policing across India. In such cases, torture and forced confessions often replace methodical, evidence-based investigations. These instances of abuses are frequently misreported as accidents or suicides, and those responsible rarely face accountability. This reflects a deeper systemic issue of custodial harm and abuse, rooted not only in police misconduct but also in broader flaws within the criminal justice system. 

What are the Current Statistics Related to Custodial Harm and Abuse in India? 

• Magnitude and Trends: According to the National Human Rights Commission (NHRC), India witnessed over 11,650 custodial deaths (including police and judicial custody) between 2016 and 2022.  
  • Furthermore, in 2024, NHRC reported 2,739 custodial deaths, with 155 attributed specifically to police custody.  
  • The Global Torture Index 2025 classified India as a “high risk” country for systemic torture and custodial brutality. 
• State-wise Patterns: As per the NHRC and Lok Sabha data (2023) between 2018-19 and 2022-23, Uttar Pradesh recorded the highest custodial deaths after Maharashtra, West Bengal, and Tamil Nadu. 

What are the Main Challenges Contributing to Custodial Harm and Abuse in India? 

• Use of Third-Degree Methods for Confession: Pressure to solve cases quickly, inadequate training in forensics, and poor investigative infrastructure lead to reliance on forced confessions.  
  • This approach disproportionately affects marginalized communities such as daily-wage workers, migrants and SC/STs further, perpetuating structural injustice. 
    • The NCAT’s 2019 analysis revealed that 75 (60%) of 125 deaths in police custody registered cases belonged to the poor and marginalized communities.  
  • Torture is not just bad policing; it is structural injustice, signifying that the roots of the issue run deeper than individual misconduct. 
• Neglect of Soft Skills and Support Systems in Policing: While policing budgets allocate funds for equipment and surveillance, far less is spent on capacity building or psychological support for personnel.  
  • Policing budgets prioritize gear and enforcement (‘hardware’) over training, mental wellness, or human rights education (‘software’). 
    • The SC in the Prakash Singh judgment (2006) directed states to implement key reforms, including separation of investigation from law and order but it is yet to be materialised. 
  • Most officers receive limited human rights or trauma-informed policing training. Overwork, stress, and poor peer support lead to burnout, which sometimes “metastasizes” into brutality. 
    • CCTV coverage, mandated in all lock-ups and interrogation rooms by Supreme Court directive (2015), is often missing, non-functional, or deliberately bypassed.  
    • Digital logging of detainees’ movement and custody, and video or audio recording of interrogations, is seldom routine. 
• Overcrowding and Under-Resourced Prisons: India's prisons are often overcrowded, leading to further stress on the system and an increase in custodial violence. 
  • Over 75% of India’s prison population are undertrials, facing prolonged incarceration due to judicial delays and inadequate legal aid, leading to overcrowding. 
    • Overcrowding exacerbates tensions and increases the chances of ill-treatment or abuse. 
  • India's prisons are operating at a national average of 131% capacity, with the situation worsening significantly over the last decade. 
    • Also, the web series like Criminal Justice (though fictional) aptly highlights the deteriorating conditions of Indian prisons, particularly for women. 
  • Police stations, especially in rural or underdeveloped areas, are poorly equipped to handle detainees properly. This increases the likelihood of violations such as arbitrary detention or torture. 
• Absence of Legal and Institutional Reforms: Despite legal safeguards against custodial torture, such as the D.K. Basu (1996) guidelines and the K.S. Puttaswamy (2017) judgment, the practice remains rampant.  
  • The lack of a standalone anti-torture law, the failure to ratify the UN Convention Against Torture, and the absence of enforceable accountability mechanisms underscore the systemic neglect of reforms in policing.  
  • Also, between 2016 and 2022, the NHRC recommended compensation in just 1,184 cases of custodial deaths.  
    • Additionally, disciplinary action was taken in only 21 cases, accounting for a mere 0.18% of the total, and no cases resulted in prosecution. 
  • The Law Commission of India’s 273rd Report (2017) had urged the government to pass such a law (The Prevention of Torture Bill), but to date, there has been no legislative action, leaving the justice system ineffective in curbing custodial deaths. 
• Lack of Civil Society Participation: Independent civilian bodies to monitor police activities are often weak or ineffective. Active civil society participation in ensuring police accountability is limited, and public awareness about human rights violations in custody is often low. 
  • While media and NGOs have played a role in highlighting custodial abuse, they are often unable to sustain campaigns due to limited resources, legal threats, or government interference. 
  • Despite the establishment of Police Complaints Authorities (PCAs) at the state and district levels, these bodies often lack the authority and resources to enforce accountability.  

What Reforms are Essential to Ensure Safe and Accountable Custodial Practices in India? 

• Legal and Policy Measures: Parliament should enact a dedicated anti-torture law that prioritizes time-bound investigations and ensures accountability for custodial violence, as recommended by the Law Commission’s 273rd Report.  
  • The law must mandate the expeditious and systematic video or audio recording of all interrogations, with independent audits and acceptance of such recordings as valid evidence in courts.  
  • It is also imperative that India ratifies the United Nations Convention Against Torture (UNCAT), which will subject the country to global standards and scrutiny regarding its policing practices. 
    • Additionally, there must be a comprehensive policy to provide prompt compensation and meaningful rehabilitation for the families of victims, holding the government responsible for any undue delays or denials. 
• Prioritizing Police Wellness and Training: There needs to be a strategic reallocation of police budgets, with at least 5% directed toward officer wellness, establishing mental health units, regular counseling, and sustained human rights training.  
  • There is a need to institutionalise mental wellness within law enforcement, not as a luxury, but as a necessity. 
  • Police training curricula must mandatorily include modules on ethics, community policing, trauma-informed care, and international best practices, such as the PEACE (Preparation and Planning, Engage and Explain, Account, Closure, and Evaluation) Model used in advanced democracies.  
    • Countries such as Norway, Canada and New Zealand have adopted it with similar success. The European Committee for the Prevention of Torture (CPT) has endorsed it. 
• Technological and Procedural Safeguards: All police stations and lock-ups must be equipped with tamper-proof closed-circuit cameras monitored in real-time, and there should be strict disciplinary action for any tampering or disabling of surveillance equipment.  
  • The adoption of digital custody registers and logbooks is essential for accurately tracking every detainee’s movement through police custody. 
  • Integrate real-time digital logging and geo-tagging of every arrest, transfer, or detention into a centralized police database. Each custodial movement must be time-stamped and linked to officer ID, location, and medical status. 
• Forensic-Led Investigation as Norm, Not Exception: Shift India’s criminal investigation model from confession-driven to evidence-based policing by mandating forensic integration at the FIR stage.  
  • Strengthen district-level forensic labs with trained personnel, chain-of-custody mechanisms, and digital case tracking. Embed forensic protocols into police training curriculum and SOPs.  
    • This reduces reliance on coercive tactics and enhances prosecutorial integrity. A scientific approach ensures objectivity and minimizes custodial abuse incentives. 
• Empowerment of Oversight and Complaints Mechanisms: Give state and district-level Police Complaints Authorities (PCAs) the power of independent inquiry, suo motu investigation, mandatory public reporting, and recommendations that are binding or at least subject to detailed review if not accepted. 
  • To reduce the unduly influence or pressure on the police, the SC suggested establishing a State Security Commission in Prakash Singh v. Union of India to monitor the function of the state police.  
• Custody Impact Audit as Part of Police Performance Evaluation: Include Custodial Audit Score based on THE number of complaints, medical reporting compliance, and review of CCTV footage in annual performance reviews of station house officers and investigative units.  
  • Link poor scores to denial of promotions, and high compliance to incentives. Aligning career outcomes with ethical custodial conduct builds internal accountability. Performance must reward dignity preservation. 

Conclusion

Transforming custodial practices in India is not merely a matter of legal reform but a deeper test of our commitment to human dignity and constitutional values. As India strives to strengthen its democratic institutions, it is time to acknowledge that power without empathy, in certain instances, can be nothing more than violence by another name. Real reform in policing is crucial, and it must be rooted in professionalism, respect for human dignity, and an unwavering commitment to justice. “A nation’s justice system is not only judged by how it punishes the guilty, but also by how it protects the powerless.”  

Drishti Mains Question: What are the root causes behind the persistence of custodial violence in India? Suggest actionable reforms to eradicate custodial torture and ensure justice.