Professor & Lawyer Puttu Guru Prasad

M.Com. M.B.A., L.L.B., M.Phil. PGDFTM.

AP.SET., ICFAI TMF., (PhD) at JNTUK.
Senior Faculty for Management Studies,
S&H Department, VVIT, Nambur,
93 94 96 98 98, 807 444 95 39,
http://puttuguru.blogspot.in
 What is Custodial Violence/To

 Custodial Violence is a trait against hum

human rights that springs out of a pervers
suffering when there is no possibility of an

 A senseless exhibition of superiority and ph

the one who is overpowered.
 REALITIES
 Custodial violence is a reality.
 While it is the duty of the police to protec
citizens as prescribed in the Constitution, i
they violate their powers and use torture a
investigation process.
 The poor, the deprived classes, the women
social activists are usually are the people
the most by this kind of brutality.
 FORMS OF CUSTODIAL VIO
 There are 4 forms of custodial violence:
 Torture :
•Physical
•Mental
 Sexual Harassment
 Rape
 Death
 TYPES OF CUSTODIAL VIOL

 Violence
in Police Custody:
This type of violence occurs when the po
accused to find out the truth. This practic
common in India.
There are no safeguards to ensure that a p
custody will have their detention recorded
access to a lawyer or have access to a m
before and after his/her detention.
 CONTD…
 Violence in Judicial Custody:
This kind of violence is usually seen in pr
detention centres. This violence is acted
prisoners who are given unlimited freedo
prison premises.
These gang members usually beat up inn
who do not show allegiance to any of the
kind of violence usually pushes victims to
 INTERNATIONAL LEGAL FRAM
 The UNIVERSAL DECLARATION OF HUMAN has
certain provisions that prohibit torture :
 Sec. 5 states that No one shall be subjected to
cruel, inhuman or degrading treatment of pun

 Sec. 8 states that Everyone has the right to an

by the competent national tribunals for acts v
fundamental rights granted him by the Const
 REMEDIES AT NATIONAL LE
CONSTITUTIONALSAFEGUARDS:
 Art. 20 : Right to protection against conviction o
 Art. 21 : Right to Life and Liberty.
 Art. 22 : Right to protection against arrest and de
circumstances:
 Being informed of the grounds of arrest.
 To be defended by a legal practitioner of his c
 Not applicable to an enemy alien.
 Production in the nearest Magistrate with 24 h
 CONTD…
STATUTORYSAFEGUARDS:
Indian
Evidence Act, 1872
Sec. 25 mentions that a confession to police o
proved as against a person accused of any of
 Code
of Criminal Procedure, 1973
Sec. 46 and 49 of the Code protect those und
torture, who are not accused of an offence pun
or imprisonment for life.
 CONTD...
Indian
Police Act 1861
Sec. 7 and 29 of the Act provide for dismissal,
suspension of police officers who are negligen
their duties or unfit to perform the same.

Indian
Penal Code
Sec. 330, 331 & 348 were enacted to curb the
policemen to resort to torture to extract confes
 CONTD...
JUDICIAL
PRECEDENTS:
The Supreme Court is heralded as a beacon
torture.
It provides guidelines on rights of the arr
especially women.
Medical examination every 48 hours during d
doctor from the approved panel of doctors.
Copies of all prescribed documents should b
concerned Magistrates.
NHRC GUIDELINES REGARDIN
 No Warrant, No Arrest. (Conditions Apply)
 Arrest must be justified.
 Arrest and interrogation must be recorded and suspect mu
and identification.
 During arrest and interrogation, suspect must be treated wi
force should be avoided.
 Using handcuffs and chains should be avoided.
 Presence of woman police officer is mandatory when a wo
 Woman shall not be detained between 6pm to 6am.
 No force or violence to be administered to detained child
 CONTD...
 Suspect is allowed to inform a friend or family member of
 Suspect must be informed whether he is entitled to a bail
 Suspect must be informed of his right to be legally defend
 Suspect can request and is entitled to medical examinati
detention.
 Suspect must be produced in court within 24 hours of his
 Suspect must be permitted to seek legal advice from his law
an investigation.
 Investigations must be conducted in places that are notifie
and friends must be informed about the place of interrogat
 Interrogations must be conducted with dignity.