Abstract:
Death in custody is an issue that affects everyone and is among the cruelest practices used by humans. Imagine the case where the defender of people violates the law of human rights; that is one of the most horrific crimes committed against the whole human race. Custody is being under guardianship. There is faith believe police are there for their safety and that they are abusing their power. There are several provisions in the Indian Constitution and statute law that safeguard the rights of prisoners, including the following: Articles 20(1) and (3), 21, 22, etc. Additional statutory provisions include Sections 300, 330, 331, and 348 of the Indian Penal Code, Sections 56, 57, 76, 161, 146, and 167 of the Code of Criminal Procedure, and Sections 24, 145, and 114B of the Indian Evidence Act of 1872. This article primarily focuses on the subject of custody death, different measures to limit police authority in connection to custodial death using law commission findings, court rulings, and finally, proposed measures to reduce custodial death. Introduction:
One is considered to have died in custody if they pass away while being looked after by the police, other authorities, or a jail. Today’s specialists are routinely accused of exploiting their expertise, neglecting it, harboring prejudice, and hiding the reasons of these fatalities. Death in jail is still a contentious issue. In order to get the best account, pressure and torture are frequently used against detainees’ fundamental rights in India. Consistency is a hallmark of police operations. A twisted emotional bond develops between the victim and the tormentor as the torture progresses, making the victim feel reliant, helpless, and scared before the victim eventually loses all remaining will to fight. It’s reasonable to call this process “Demolition.” Confessions now begin to pour in. A technique to end their lives earlier is preferred by certain people, who actively seek for ways to do it. There aren’t many deaths that are accidental or planned, then ignored.
Definition of “Death in Custody”
When a person dies while an accused is in police custody or while there is a possibility of a trial because the police suspect the accused of a cognizable, non-bailable offence, it is an unlawful conduct. Deaths in custody are like a dark stain covering the whole police force. Custodial deaths typically occur in areas where authorities are looking into the incident. Today, everyone wants their name, their fame, and their money in the shortest amount of time possible, which leads them to be willing to take the wrong path. In a similar vein, it appears that police frequently tortured suspects while they were in their custody in order for them to confess to such crimes, which results in police officers being promoted based on the resolution of cases or their prior performance. The concept of a “custodial death” is not a brand-new concern for Indian culture; it was a heinous crime that occurred during the British era as well, when Britishers held Indians in their custody while they conducted interrogations and did everything in their power to torture them, sometimes even forcing an Indian to put his life in danger.
The Constitutional Provisions Relating To Custodial Death:
An orderly, civilized society is seriously threatened by one of the deadliest types of crimes committed in a civilized society: Death in police custody. Torture in detention is an insult to human dignity and a violation of individuals’ fundamental rights. The Delhi High Court when considering the reach and application of Article 21 of the Constitution in Bhajan Kaur v. Delhi Government through the Lt. Governor : As it guarantees human dignity, life, and growth, Article 21 of the Constitution is a significant milestone for human liberty. The State must work to provide its citizens with a fresh perspective and a peaceful future where they may work together coordinate their efforts, and coexist with one another in order to guarantee and realize the complete protection of Article 21 of the Constitution. The phrase “Article 21 is not a simple platitude or dead letter lying dormant” refers to how degraded, dispersed, and lifeless it is. It is more like a pulsing reality, bursting with life and the spirit of liberty, and it has to be made accessible to every person in the nation. According to Article 38 of the Constitution, the State must enhance the welfare of the people by preserving and defending, to the best of its ability, a social structure in which social, economic, and political fairness underpin all governmental institutions. The Constitution established these objectives and Article 21 and other essential rights are the methods used to achieve those objectives.
Role of Law and Procedure:
Anyone who is detained has a right to legal representation and the details of the incident that led to their custody, as stated in Section 51 of the Criminal Procedure Code. The most significant rule is that, with few exceptions, an arrest must first be performed according to a warrant, as stated in Section 41 of the Criminal Procedure Code. But in the majority of instances, police have arrested people without first proving their suspicions to be accurate in an effort to solicit help for future investigations while operating under the pretext of suspicion. Frequently, the police deny suspects their right to contact their relatives or get legal representation and fail to bring them before a magistrate within 24 hours.
Reasons of Deaths in Custody:
The primary goal of the criminal justice system is to identify the true perpetrator of a crime, which is why police were established to protect their citizens. For this reason alone, they have the power to conduct investigations and question suspects, enabling victims to obtain justice through the courts with the assistance of the police in gathering evidence. However, if these powers are used inadvertently, it can be said that human life will be destroyed.
Under this, an effort is made to identify the underlying cause of the custodial death and the reason such horrible crimes continue to exist in society.
1. Arrested individuals are not properly searched before being sent to the jail for questioning, which gave them the opportunity to commit suicide by severing their nerves or ingesting poison.
2. The detained person’s suicide while in police custody is the only factor contributing to the police’s unfavorable attitude and sluggish behavior.
3. While conducting interrogations, police never use a different technique; they always speak the language of force.
4. There is little openness in their process, as sometimes it looks like police officers are uniting to ensure that such an officer won’t be disciplined.
5. Hatred in the eyes of the public and police, who never attempt to grasp that an accused person is innocent until proven guilty by the court. This emotion encourages police officers to use excessive force, which is against the law.
Compensation on Custodial Death:
The Supreme Court stated in Nilabati Behera v. State of Orissa that it is obvious that people who have been convicted of a crime, are in prison, or are awaiting trial do not have their Article 21 fundamental rights violated, and that the only limitations that can be placed on these people’s exercise of their rights under the Constitution are those that are permitted by law. The State has a duty to make sure that a citizen’s inalienable right to life is not violated while that citizen is in its custody, regardless of whether that individual is a suspect, unless doing so would violate a legal procedure in court or found guilty. The reality of his captivity limits his freedom by nature, making his interest in the little freedom he has left relatively valuable. The State has a stringent duty of care that allows no exceptions. If a person in police custody is denied his life other than in accordance with the legal process, the wrongdoer is liable, and the State is accountable. The justification for “sovereign immunity The State is not permitted in such circumstances. As a result, the award of compensation would constitute a remedy accessible in a case under Article 32 or Article 226 of the Indian Constitution based on strict responsibility or a breach of basic rights.
Conclusion:
India has to enact legislation to address this problem and sign the UN treaty against torture. Police reform standards should be developed for training police personnel education only with the foresight of the senior police officer specifically on the subject of loss of personal liberty and such atrocious activity, be conducted. If such a scenario is discovered, the police officer should be immediately reoriented. In the event that the accused is imprisoned, his or her family members should be given access to the defendant for inspection. To monitor the actions of the police officials and to keep an eye on their illegal behavior, CCTV cameras should be put in every prison cell and in the interrogation rooms. According to the recommendation made in the 2015 D.K case, a senior police officer should visit unexpectedly to identify the officer’s true face. This visit should be required. The 273rd Law Commission Report needs to be strictly implemented. Instead of disciplining such officers administratively, police personnel who abuse prisoners should be legally charged, subject to repercussions, and held accountable. Within the confines of their respective legal systems, it is the duty of the judges and prosecutors to see that the norms to protect persons from torture are upheld. Although our laws contain several clauses. Violence against prisoners still happens. Human rights ought to form the foundation of the criminal justice system in India. Notably in regards to accused parties or victims rights. It is important to consider the underlying causes of the criminal justice system’s dysfunction before implementing any reforms. The responsibility of the prison administration is to ensure that the inmates have access to the necessary medical resources, food, security, and sanitation, as well as to monitory bodies that not only evaluate but also keep a watch on other prisoner activities.
