Consider the following statements.1. Custodial death means death durin...
In News: Chief Justice of India while addressing a NALSA event said that threats to human rights and bodily integrity are the highest in police stations.
• He was pointing out that custodial torture and other police atrocities are problems that still prevail in society.
• He flagged the issues of human rights and dignity, saying these are “sacrosanct”.
Statement 1 is not correct. Custodial death means death during arrest or jail but not during encounters by police.
Statement 2 is correct. The Constitution in Article 20 prohibits self incrimination which means Police can not use brutal force to make an alleged person confess his crime.
Consider the following statements.1. Custodial death means death durin...
Explanation:
Statement 1: Custodial death means death during arrest, jail or encounters by police.
The first statement is correct. Custodial death refers to the death of a person who is in the custody of the police or any other law enforcement agency. It includes deaths that occur during arrest, interrogation, detention, or while in jail. These deaths can occur due to various reasons such as torture, police brutality, negligence, or even suicide.
Statement 2: The Constitution prohibits the use of brutal force to make an alleged person confess his crime.
The second statement is also correct. According to the Constitution of India, every person has the right to protection from torture or cruel, inhuman, or degrading treatment. Article 20(3) specifically prohibits the use of force, violence, or torture to extract a confession from an accused person. This right is a fundamental right guaranteed to every citizen and cannot be violated by any authority, including the police.
Explanation:
Both the statements are correct. Custodial death is the death of a person while in the custody of the police or law enforcement agencies. It can occur during arrest, interrogation, detention, or while in jail. The Constitution of India prohibits the use of brutal force, violence, or torture to extract a confession from an accused person. Article 20(3) provides protection against self-incrimination and ensures that no person shall be compelled to be a witness against himself.
Custodial deaths are a serious violation of human rights and a matter of great concern. The police have a duty to protect the life and dignity of every person in their custody. Any use of excessive force, torture, or violence is not only illegal but also goes against the principles of justice and fairness.
To address the issue of custodial deaths, various safeguards and guidelines have been put in place. These include the requirement of an independent investigation into every custodial death, the presence of a magistrate during interrogations, the provision of legal aid to the accused, and the establishment of human rights commissions at the national and state levels.
It is important for the police and law enforcement agencies to be held accountable for any custodial deaths and to ensure that those responsible are brought to justice. Public awareness, sensitization of the police personnel, and proper training are also crucial in preventing such deaths and safeguarding the rights of every individual.