Judicial Approach to Custodial Violence in India: Constitutional Safeguards, Accountability, and Human Rights
Abstract: This research explores and examines the current legal system dealing with custodial violence in India. Through this study, an attempt has been made to analyze the root cause of custodial violence in India. Although the national legal framework is built on fundamental guarantees aimed at preserving human dignity and individual liberty, the practice of custodial torture, third-degree interrogation tactics, and lockup deaths remains a persistent challenge to the rule of law. This paper highlights how the judiciary has played a vital role in curbing the menace of custodial violence under police custody or any investigating officer in power. In doing so, the courts have consistently relied upon international human rights principles prohibiting custodial torture, protecting human dignity, and providing justice to the victims and their families. Inspite of the fact that constitutional principles, statutory safeguards, and judicial guidelines already exist, incidents of custodial violence continue to occur with alarming frequency. Addressing this issue, it is evident that there is an urgent need for stronger implementation of existing legislations and constitutional safeguards to completely eradicate custodial violence from India. Furthermore, this study evaluates the contemporary statutory landscape by examining the newly implemented criminal laws-the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA)-alongside independent legal frameworks like the Protection of Human Rights Act. By evaluating these new codes, the research identifies deep structural weaknesses, such as protective procedural barriers and the absence of independent oversight, which often shield wrongdoers. Ultimately, this study aims to assess the effectiveness of judicial interventions, enhance institutional accountability, and promote public confidence in the criminal justice system by proposing actionable legislative reforms.
Keywords: Custodial Violence, Human Rights, Police Accountability, Criminal Justice Reforms, Judicial Safeguards
How to Cite?: Aabha Rana, "Judicial Approach to Custodial Violence in India: Constitutional Safeguards, Accountability, and Human Rights", Volume 15 Issue 10, October 2026, International Journal of Science and Research (IJSR), Pages: 1273-1278, https://www.ijsr.net/getabstract.php?paperid=SR261018172857, DOI: https://dx.doi.org/10.21275/SR261018172857