Custodial Violence, Police Accountability and the Criminal Justice System in India

April 2026

Custodial Violence, Police Accountability and the Criminal Justice System in India
Category: April 2026 | 09 Apr 2026, 02:20 AM

(Important for OPSC OAS Examination – Polity, Governance, Human Rights, Criminal Justice System)

Introduction

Custodial violence remains one of the most serious human rights concerns within the criminal justice system in India. It reflects the misuse of authority by law enforcement agencies and undermines public trust in democratic institutions. Custodial deaths, which occur when a person dies while in police or judicial custody, highlight the urgent need for stronger accountability and institutional reform. A notable example is the 2020 custodial torture case involving trader P. Jayaraj and his son J. Benicks in Tamil Nadu, which brought nationwide attention to police brutality and systemic weaknesses in law enforcement.

Meaning of Custodial Death

Custodial death refers to the death of an individual while under the custody of law enforcement authorities or in judicial detention.

Such deaths may occur due to several reasons, including:

  • Torture or excessive use of force during interrogation.
  • Negligence or denial of medical care.
  • Physical or psychological ill-treatment of detainees.

Custodial deaths raise serious legal and ethical concerns because the State assumes responsibility for the safety and protection of individuals in custody.

Constitutional Safeguards Against Custodial Violence

Custodial violence violates several fundamental rights guaranteed under the Constitution of India.

Important constitutional protections include:

  • Article 21 of the Constitution of India which guarantees the right to life and dignity.
  • Article 20(3) of the Constitution of India which prevents forced confessions during interrogation.
  • Article 22 of the Constitution of India which provides safeguards against unlawful detention.

These provisions collectively ensure that individuals accused of crimes are treated in accordance with the rule of law and human dignity.

The Sattankulam Custodial Death Case

A major custodial violence incident occurred in 2020 at the Sattankulam police station in Thoothukudi district of Tamil Nadu. During the COVID-19 lockdown, a trader named P. Jayaraj and his son J. Benicks were arrested and allegedly subjected to severe custodial torture.

The case triggered widespread public outrage across the country. Subsequently, a trial court sentenced nine police personnel to death for their involvement in the custodial torture and murder.

The conviction was made possible due to several critical factors:

  • Intervention by the Madras High Court, which took suo motu cognisance of the incident.
  • Investigation conducted by the Central Bureau of Investigation.
  • Use of scientific evidence including DNA analysis and call data records.
  • Testimony of witnesses, including police officials who testified against their colleagues.

These developments demonstrated that accountability is possible when strong institutional oversight is exercised.

Nature of Custodial Violence

Custodial violence generally arises from the misuse of authority by law enforcement personnel against detainees.

Common forms of custodial abuse include:

  • Physical torture and assault.
  • Psychological intimidation and harassment.
  • Forced confessions during interrogation.
  • Denial of medical care and basic human needs.

Such practices not only violate legal protections but also undermine the legitimacy of policing institutions.

Systemic Issues in the Criminal Justice System

The persistence of custodial violence reflects deeper structural problems within the policing and justice system.

  • Abuse of Authority

  • Police officers sometimes exercise excessive authority over detainees, particularly individuals belonging to economically or socially vulnerable groups.

Weak Oversight Mechanisms

Internal supervision and external oversight of police conduct remain limited in many jurisdictions. This lack of accountability can allow misuse of power to go unchecked.

Institutional Culture

In certain contexts, coercive interrogation methods and the pursuit of confessions rather than evidence-based investigations continue to influence policing practices.

Such institutional culture can encourage practices that violate human rights.

Human Rights Perspective

Custodial torture constitutes a serious violation of human rights and democratic values. It contradicts the constitutional commitment to dignity, liberty and due process.

Internationally, custodial torture is also prohibited under global human rights norms such as the United Nations Convention Against Torture, although India has not yet ratified the treaty.

The persistence of custodial violence raises concerns about the protection of civil liberties and the credibility of law enforcement institutions.

Need for Police Reforms

The Sattankulam case has reinforced the need for comprehensive police reforms in India.

Important reform measures include:

  • Training police personnel in human rights and lawful interrogation methods.
  • Installation of CCTV cameras in police stations to ensure transparency.
  • Establishment of independent oversight bodies to investigate complaints against police.
  • Effective implementation of police reform directives issued by the Supreme Court in the Prakash Singh v. Union of India.

Such reforms aim to strengthen accountability, improve professionalism and protect citizens’ rights.

Conclusion

Custodial violence represents a grave challenge to the rule of law and democratic governance in India. While constitutional safeguards provide strong legal protection against abuse, systemic weaknesses in policing and accountability mechanisms continue to allow violations to occur. Addressing this issue requires comprehensive police reforms, stronger oversight institutions and a commitment to human rights-based policing. Ensuring accountability for custodial violence is essential for restoring public trust and strengthening the legitimacy of the criminal justice system.

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