CUSTODIAL VIOLENCE

Meaning of Custodial Violence

1. All forms of physical and psychological abuse inflicted on a person in police

custody are referred to as custodial violence.
2. The term custodial violence has not been defined under any law. However, as
per the Law Commission of India, any criminal conduct by a public employee
against an individual who has been arrested or detained and is in custody can
be termed as custodial violence.
3. Custodial violence can take the form of illegal detention, wrongful arrest,
victimisation of suspects, coerced information gathering, and any physical,
psychological, and sexual abuse.
Types of Custodial Violence
There are three types of custodial violence:
A) Physical Torture
Physical torture involves various methods, including but not limited to punching,
slapping, beating, forcing the body into uncomfortable positions, stretching limbs,
suspension, restricting movement, burning with cigarettes or caustic substances,
cutting with sharp objects, electric shocks, mutilation of body parts, exposure to
chemicals in wounds, dental torture and starvation.
B) Psychological Torture
Psychological torture inflicts mental anguish on a person and includes tactics such
as threats to harm or kill the victim or their relatives or friends, forcing the victim to
witness or hear the torture of others, compelling the victim to harm others, violating
their religious beliefs and subjecting them to humiliation.
C) Sexual Torture
Custodial rape constitutes another form of torture endured by victims. It is defined as
rape committed within state-owned institutions such as prisons or jails by individuals
in charge of these institutions. Other forms of sexual torture encompass sexual
harassment, forced impregnation and virginity testing

Causes of Increasing Custodial Violence

There are several reasons behind the increasing trend in custodial violence by public

servants. Five of the prominent ones are:

 CUSTODIAL VIOLENCE
1. Absence of Anti-Torture Law
The biggest cause of prevailing custodial violence in India is the absence of an anti-
torture law.
2. No Fear in Police Officials
There is no fear in police officials of getting caught for violence because of the
loopholes in the governmental system. As a result, it motivates them to use
aggressive ways to gather information from the person in custody or punish their
enemies.
3. Lack of Awareness Among the General Public
As most of the public is unaware of their rights, police officers feel empowered to
continue using harsh methods to deal with them.
4. Lack of Proper Training
Another possible cause of custodial violence is inadequate training. The police
officers lack the necessary training to handle suspects. Their emotional intelligence
is not given enough consideration, and because it is unmonitored, they are more
likely to act violently.
5. Huge Responsibility on the Police Officials
Lastly, they are under pressure to adopt quicker means to solve a case because of
the huge workload on their shoulders. Under this pressure, some police officers
resort to aggressive tactics to obtain information.

Measures for Prevention of Custodial Violence in the Police Process

Preventing custodial violence is a critical step towards safeguarding the rights and
dignity of individuals in police custody. Several measures can be taken to prevent
such incidents and ensure accountability:

1) Creating Awareness
Spreading awareness about prisoners’ rights and human rights within society is
essential. Public education programs, media campaigns and NGOs can play a vital
role in educating people about their rights and the laws in place to protect them.

2) Media Involvement
The media can be a powerful tool for disseminating information about laws and
human rights. It can help bridge the gap in knowledge, especially among illiterate
individuals.

3) Involvement of Students and NGOs

Students and non-governmental organisations (NGOs) should conduct awareness
campaigns in various locations to inform citizens about their rights and the legal
provisions enacted for their protection. These efforts can reach a wide audience and
raise awareness effectively.
 CUSTODIAL VIOLENCE
4) Police Training
Law enforcement agencies and security forces should prioritise human rights training
for their personnel. Training programs should focus on instilling respect for human
rights and a commitment to upholding them. This training can lead to a change in the
mindset and approach of police officers towards investigations.

5) Supervision
Superior officers should regularly supervise and monitor police officials involved in
investigations to prevent custodial violence. Accountability measures should be in
place to ensure that officers adhere to human rights standards.

6) Use of Scientific Techniques

Implementing modern techniques such as video cameras for constant surveillance of
detainees and electronic record-keeping can prevent manipulation of data related to
cases, including First Information Reports (FIRs).

7) Speedy Action
Complaints of custodial violence against the police should be promptly investigated
by impartial agencies like the Central Bureau of Investigation (CBI) or Human Rights
Commissions. Legal actions, including prosecutions, should be initiated as
necessary.

8) Regular Counselling
Police officers often face significant physical and psychological stress, which can
impact their personal lives and relationships. The state should provide counselling
and mental health support to ensure officers do not suffer psychological impairment
due to professional stress.

The Code of Criminal Procedure

The 2009 amendment to section 41 of the Criminal Procedure Code added
protections for people in custody in sections 41A, 41B, 41C, and 41D. The
amendment ensures that interrogation-related arrests and detentions must have
legal justifications and follow established procedures.
Indian Penal Code (IPC) 1860
Section 220 of the IPC provides for the punishment of an officer who maliciously
confines any person.
Sections 330 and 331 address the infliction of hurt to extract information or
confession, with varying penalties.
Section 348 prohibits wrongful confinement for extracting information or confessions.
Indian Evidence Act 1872
Section 25 prohibits the use of confessions made to police officers as evidence.
Section 26 deems confessions made during custody inadmissible unless made in the
presence of a magistrate.
 CUSTODIAL VIOLENCE
Police Act 1861
Section 29 of this act imposes penalties, including fines and imprisonment, on police
personnel who inflict violence on individuals in their custody.