Custodial Violence | Criminal Law for Judiciary Exams PDF Download

Custodial Violence: Understanding the Issue

• Definition and Significance: Custodial violence is a serious issue characterized by abuse, torture, or violence inflicted upon individuals under the custody of law enforcement authorities. It has a profound impact on human rights, justice, and society.
• Importance of Prevention: Preventing custodial violence is crucial to uphold fundamental human rights, maintain the rule of law, and preserve public trust in the criminal justice system. It is essential to safeguard the dignity and well-being of individuals and maintain faith in institutions.
• Legal Safeguards and Awareness: Addressing custodial violence requires the implementation of robust legal protections, awareness campaigns, and accountability measures. These initiatives are vital to combatting violence, promoting justice, and fostering a humane society.

Exploring Custodial Violence in Detail

• Nature of Violence: Custodial violence involves actions like torture, harm, abuse, or the use of force to cause injury. It can also lead to psychological suffering. The infliction of pain may serve purposes such as extracting information, coercing confessions, or punishment.
• Understanding Custody: Custody refers to guardianship and protective care. In the context of custodial violence, it typically involves being under the guardianship of authorities where an individual's movement is restricted, leading to a vulnerability to abuse and violence.
• Forms of Custodial Violence: Custodial violence can range from verbal abuse and mental torment to severe acts like physical beatings, sexual assault, or even resulting in death. Such acts are clear violations of the law and demand immediate attention and action.

Nature of Custodial Violence

• Definition of Custodial Violence: Custodial violence involves the deliberate infliction of various forms of torture on an individual. According to the internationally recognized definition of torture, it refers to any intentional act that causes severe physical or mental pain or suffering to a person. This can be done to extract information, punish the individual or others, intimidate or coerce, or due to discrimination.
• Types of Custodial Violence: Custodial violence can be categorized into three main types: physical, psychological, and sexual torture.
• Physical Torture: Physical torture includes actions like punching, beating, stretching limbs, burning with cigarettes, electric shocks, and starvation. For example, forcing the body into uncomfortable positions or mutilating body parts are forms of physical torture.
• Psychological Torture: Psychological torture involves inflicting mental anguish on a person. This can include threats to harm the victim or their loved ones, forcing the victim to witness others being tortured, and subjecting them to humiliation. For instance, compelling the victim to harm others is a form of psychological torture.
• Sexual Torture: Sexual torture in custodial settings involves acts like custodial rape, sexual harassment, forced impregnation, and virginity testing. Custodial rape occurs within institutions like prisons, committed by those in charge. For example, forcing victims to undergo virginity testing constitutes sexual torture.

Causes of Custodial Violence

Work Stress

• Police officers often experience high levels of stress due to managing multiple cases simultaneously and the pressure to resolve cases within specific timeframes.
• This stress can lead to shortcuts in investigations and the use of torture to extract confessions within the limited custody period.
• For example, the fear of failure and potential consequences like transfer or disciplinary actions can push officers to resort to extreme measures.

Punitive Action by Police

• Some police officials believe that stern punishment is the most effective deterrent against crime.
• They may endorse aggressive interrogation techniques for serious offenses like murder and rape, viewing such treatment as necessary.

Quest for Quick Results

• Due to various responsibilities like VIP security and court appearances, officers have limited time for investigations.
• This time constraint can lead to the use of violence as a shortcut to expedite the investigative process.

Extortion

• Corrupt officers may misuse their authority to extort money from innocent individuals by threatening them with criminal charges.
• They may manipulate information in First Information Reports (FIRs) to coerce victims into paying bribes.

Inadequate Training

• Many police officials lack proper training in crime investigation techniques and interrogation methods.
• This lack of skills can result in the inappropriate use of force against accused individuals.

Lack of Supervision

• Inadequate supervision of police investigations by higher-ranking officers can create a sense of impunity among personnel.
• This lack of oversight can lead to abuse of power and custodial crimes.

Psychological Issues

• A police officer's personality and mental state can significantly impact their behavior during investigations.
• Officers with sadistic tendencies may harm victims for personal satisfaction, while those with deviant inclinations may exploit victims sexually.

Consequences of Custodial Violence

• Physical Consequences: Individuals subjected to custodial violence often suffer physical harm such as body pain and swelling, impacting their daily functionality. For instance, such injuries can impede their ability to work and earn a living, leading to financial strains.
• Psychological Consequences: Custodial violence can result in long-lasting psychological wounds. Symptoms of post-traumatic stress disorder (PTSD) like depression, anxiety, and nightmares may surface. These mental effects can disrupt a person's normal life and mental well-being.
• Economic Consequences: Victims of custodial violence face financial burdens related to legal processes, representation costs, and pursuing compensation. These financial responsibilities can strain their economic stability, potentially leading to financial difficulties and debts.
• Social Consequences: Custodial violence often results in social stigma and re-victimization of the victim and their family. They may encounter prejudice and unjust treatment, which can result in social exclusion. As a consequence, victims might withdraw from social activities, heightening feelings of loneliness and despair.

Indian Laws Dealing with Custodial Violence

Constitutional Safeguards

• Article 20(1) of the Constitution: This provision ensures that individuals cannot be convicted for actions that were not illegal when committed.
• Article 20(2) of the Constitution: Protects against double jeopardy, preventing individuals from being tried and punished twice for the same offense.
• Article 20(3) of the Constitution: Safeguards individuals from self-incrimination, ensuring that no one can be forced to testify against themselves.
• Article 21 of the Constitution: Guarantees the right to life and personal liberty, protecting against torture and ensuring legal due process.

Article 22 of the Constitution

• Grounds of Arrest: Requires informing individuals of the reasons for their arrest.
• Access to Legal Representation: Ensures arrested persons have the right to legal counsel.
• Timely Judicial Review: Mandates that arrested individuals be brought before a magistrate within 24 hours.

Code of Criminal Procedure (CrPC) 1973

• Arrest Procedures: Sections 41A, 41B, 41C, and 41D were added in 2009 to ensure arrests are based on reasonable grounds.
• Legal Rights: Provides for informing family members, friends, and the public about the arrest and allowing legal representation.
• Prohibition of Coercion: Section 163 prohibits the use of inducements, threats, or promises by investigating officers.
• Limitation on Use of Force: Section 49 restricts the use of force to what is necessary to prevent escape.

Indian Penal Code (IPC) 1860

• Malicious Confinement: Section 220 addresses the punishment for officers who maliciously confine individuals.
• Infliction of Hurt: Sections 330 and 331 deal with penalties for causing harm to extract information or confessions.
• Wrongful Confinement: Section 348 prohibits wrongful confinement for extracting information or confessions.

Indian Evidence Act 1872

• Admissibility of Confessions: Section 25 prohibits the use of confessions made to police officers as evidence.
• Recording Confessions: Section 26 deems confessions made during custody inadmissible unless in the presence of a magistrate.

Police Act 1861

• Penalties for Violence: Section 29 imposes fines and imprisonment on police personnel inflicting violence on individuals in custody.

Landmark Cases Relating to Custodial Violence in India

Nilabati Behera vs. State of Orissa, 1993

• Facts: Suman Behera, the petitioner's son, was arrested by the police and found dead on the railway tracks with multiple injuries the next day. The police claimed he had escaped from the police station.
• Issues: Whether the victim suffered injuries due to custodial violence and whether the police were liable for the death.
• Judgement: The Supreme Court found that injuries were inflicted while the victim was in custody, indicating custodial violence. Compensation of Rs. 1,55,000 was awarded, with the court stating that the state, not the police, was responsible for providing compensation.

D.K. Basu vs. State of West Bengal, 1997

• Background: The DK Basu case highlighted custodial violence and police brutality, underlining it as an assault on human dignity.
• Guidelines: The court outlined 11 guidelines to be adhered to during arrests to safeguard the rights of arrested individuals:
  • Police personnel must wear name tags with their designations.
  • An arrest memo must be prepared, signed by the arrestee and attested by a family member or a respected individual from the locality.
  • Arrestees have the right to inform a friend or relative about their arrest.
  • Major and minor injuries must be documented at the time of arrest and endorsed by both the arrestee and the police officer.
  • Arrestees are entitled to meet their lawyer during interrogation.

Joginder Kumar vs. State of Uttar Pradesh, 1994

• Facts: The petitioner, an advocate, was unlawfully detained after being summoned for questioning by the police, and his family was misled about his whereabouts.
• Issue: Whether the police were at fault for the unlawful arrest of the petitioner.
• Judgement: The Supreme Court ruled that arresting an individual without justification is illegal and that police authority should not be misused for unlawful purposes.

Rudul Shah vs. State of Bihar, 1983

• Facts: Rudul Shah was held in prison for over 14 years following his acquittal. A habeas corpus petition was filed demanding his immediate release and seeking compensation.
• Issue: Whether the petitioner's detention was warranted and if compensation should be granted.
• Judgement: The Supreme Court held that the detention was unjustified, emphasizing that if an individual's fundamental right to liberty is violated by the State, compensation is due. The Government of Bihar was instructed to pay Rs. 30,000 in addition to Rs. 5,000 already paid.

Preventing Custodial Violence in the Police Process

• Awareness Creation: Spreading information about the rights of prisoners and human rights is crucial. Programs by NGOs and media can educate people on their rights and the laws protecting them.
• Media Participation: Media can serve as a valuable tool in educating the public about laws and human rights, especially for those with limited literacy.
• Role of Students and NGOs: Students and NGOs can conduct awareness campaigns to educate citizens about their rights and legal protections, reaching a wide audience effectively.
• Training for Law Enforcement: Law enforcement agencies should prioritize human rights training to instill respect for human rights and ensure officers uphold them during investigations.
• Supervision by Superior Officers: Regular supervision of police officials involved in investigations is essential to prevent custodial violence, with accountability measures in place to enforce human rights standards.
• Utilization of Modern Techniques: Implementing tools like video surveillance and electronic record-keeping can prevent data manipulation and enhance transparency in cases involving detainees.
• Prompt Action: Complaints of custodial violence should be swiftly investigated by impartial agencies, leading to legal actions and prosecutions as necessary.
• Counselling Support: Providing counselling and mental health support to police officers can help mitigate the impact of professional stress on their well-being and personal lives.

Additional Preventive Measures

• Adopting official policies to safeguard prisoners' human rights.
• Impartial investigation of torture allegations without bias.
• Ensuring accountability for officers involved in custodial violence through criminal charges and penalties.
• Enhancing India's commitment to international anti-torture conventions.
• Implementing measures to address the root causes of torture and strengthen safeguards in the legal framework.

Conclusion

• Custodial violence entails the inappropriate use of force, torture, or mistreatment by authorities like the police or prison staff against individuals in their custody.
• It includes causing physical, psychological, or sexual harm to detainees, often with the aim of eliciting confessions, instilling fear, or exerting control.
• Custodial violence violates fundamental human rights and legal safeguards, encroaching upon a person's right to life, dignity, and protection from torture.
• Preventing custodial violence is essential for ensuring fairness, respecting the legal system, and safeguarding the welfare of those held in custody.