Professor & Lawyer

Puttu Guru Prasad

VVIT Nambur- 93 94 96 98 98
 What is Custodial Violence/To

Custodial Violence is a trait against hum

human rights that springs out of a pervers
suffering when there is no possibility of an

A senseless exhibition of superiority and ph

the one who is overpowered.
 REALITIES
Custodial violence is a reality.
While it is the duty of the police to protec
citizens as prescribed in the Constitution, i
they violate their powers and use torture a
investigation process.
The poor, the deprived classes, the women
social activists are usually are the people
the most by this kind of brutality.
 FORMS OF CUSTODIAL VIO
There are 4 forms of custodial violence:
Torture :
Physical
Mental
Sexual Harassment
Rape
Death
 TYPES OF CUSTODIAL VIOL

Violence
in Police Custody:
This type of violence occurs when the po
accused to find out the truth. This practic
common in India.
There are no safeguards to ensure that a p
custody will have their detention recorded
access to a lawyer or have access to a m
before and after his/her detention.
 CONTD
Violence in Judicial Custody:
This kind of violence is usually seen in pr
detention centres. This violence is acted
prisoners who are given unlimited freedo
prison premises.
These gang members usually beat up inn
who do not show allegiance to any of the
kind of violence usually pushes victims to
 INTERNATIONAL LEGAL FRAM
The UNIVERSAL DECLARATION OF HUMAN has
certain provisions that prohibit torture :
Sec. 5 states that No one shall be subjected to
cruel, inhuman or degrading treatment of pun

Sec. 8 states that Everyone has the right to an

by the competent national tribunals for acts v
fundamental rights granted him by the Const
 REMEDIES AT NATIONAL LE
CONSTITUTIONALSAFEGUARDS:
Art. 20 : Right to protection against conviction o
Art. 21 : Right to Life and Liberty.
Art. 22 : Right to protection against arrest and de
circumstances:
Being informed of the grounds of arrest.
To be defended by a legal practitioner of his c
Not applicable to an enemy alien.
Production in the nearest Magistrate with 24 h
 CONTD
STATUTORYSAFEGUARDS:
Indian
Evidence Act, 1872
Sec. 25 mentions that a confession to police o
proved as against a person accused of any of
Code
of Criminal Procedure, 1973
Sec. 46 and 49 of the Code protect those und
torture, who are not accused of an offence pun
or imprisonment for life.
 CONTD...
Indian
Police Act 1861
Sec. 7 and 29 of the Act provide for dismissal,
suspension of police officers who are negligen
their duties or unfit to perform the same.

Indian
Penal Code
Sec. 330, 331 & 348 were enacted to curb the
policemen to resort to torture to extract confes
 CONTD...
JUDICIAL
PRECEDENTS:
The Supreme Court is heralded as a beacon
torture.
It provides guidelines on rights of the arr
especially women.
Medical examination every 48 hours during d
doctor from the approved panel of doctors.
Copies of all prescribed documents should b
concerned Magistrates.
NHRC GUIDELINES REGARDIN
No Warrant, No Arrest. (Conditions Apply)
Arrest must be justified.
Arrest and interrogation must be recorded and suspect mu
and identification.
During arrest and interrogation, suspect must be treated wi
force should be avoided.
Using handcuffs and chains should be avoided.
Presence of woman police officer is mandatory when a wo
Woman shall not be detained between 6pm to 6am.
No force or violence to be administered to detained child
 CONTD...
Suspect is allowed to inform a friend or family member of
Suspect must be informed whether he is entitled to a bail
Suspect must be informed of his right to be legally defend
Suspect can request and is entitled to medical examinati
detention.
Suspect must be produced in court within 24 hours of his
Suspect must be permitted to seek legal advice from his law
an investigation.
Investigations must be conducted in places that are notifie
and friends must be informed about the place of interrogat
Interrogations must be conducted with dignity.