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Custodial Death Judgement

Reference:          Live Law

Syllabus: Governance: Criminal Justice System

 

Context: The Supreme Court has delivered a split verdict in an appeal by police officers convicted of culpable homicide not amounting to murder and other offences in a decades-old custodial death case for the alleged torture and death of a man in police custody in December 1995.

 

Judgement Summary:

  1. The Supreme Court delivered a split verdict in a custodial death case, focusing on the conviction under Section 304 (culpable homicide) of IPC.
  2. The key issue revolved around identifying the body, with differing views on whether the prosecution proved beyond a reasonable doubt that the deceased was the victim.
  3. One opinion upheld convictions for custodial torture but acquitted the accused of culpable homicide due to lack of conclusive identification.
  4. The ruling highlighted concerns about police misconduct and the need for accountability in cases involving custodial abuse.

 

About Custodial Death Overview & Data: 

Negatives of Custodial Deaths:

  1. Human Rights Violations: Custodial deaths represent gross violations of Article 21 of the Constitution (Right to Life), as seen in cases like the Mathura custodial rape case (1972).
  2. Erosion of Trust in Law Enforcement: Incidents like Jayaraj and Bennix’s custodial deaths (2020) undermine public confidence in the justice system.
  3. Excessive Force: The use of third-degree methods during interrogation leads to physical and mental trauma, often going unpunished due to lack of accountability.
  4. Global Reputation: India’s extradition efforts are hampered as countries cite concerns over custodial torture (e.g., Vijay Mallya’s case).

 

Measures to Combat Custodial Deaths:

  1. Strengthening Legal Systems: Enact comprehensive laws criminalizing custodial torture, as per Supreme Court directives (e.g., Prakash Singh case, 2006).
  2. Police Reforms: Separate law and order from investigation functions, and ensure human rights training for police officers.
  3. Technology Implementation: Use body cameras and install mandatory CCTV cameras in all police stations for enhanced oversight.
  4. Oversight Mechanisms: Expand the jurisdiction of the National Human Rights Commission (NHRC) to investigate custodial deaths, including those under armed forces’ jurisdiction.
  5. Sensitization Programs: Regular workshops on ethical treatment and custodial rights for law enforcement officers.

 

Conclusion:

Custodial deaths erode human dignity and legal trust. Reforms in policing, stronger oversight, and adherence to human rights principles are vital to upholding justice and ensuring the protection of individuals in custody.

 

Insta Links:

 

Mains Link: 

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