In a recent incident, two police officers have been suspended on charges of custodial torture, specifically violence and assaulting the accused while in police custody. Custodial torture is a grave violation of human rights, leading to physical and mental suffering and even custodial deaths.
Understanding Custodial Torture:
Custodial torture refers to the infliction of physical or mental pain or suffering on individuals in the custody of the police or other authorities. It is a serious violation of human rights and dignity, and often results in custodial deaths, which occur while a person is under custody. Such practices undermine the principles of justice, fairness, and respect for human life.
Types of Custody:
- Police Custody: When a person accused of a crime is arrested by a police officer and brought to the police station, it is known as police custody. During this period, the accused is under the direct control and responsibility of the police.
- Judicial Custody: Once the accused is produced before a magistrate, custody is transferred to the judicial authority. The accused is then kept in judicial custody until further legal proceedings take place.
- Custody and Judicial Remand under CrPC in India: As per Section 57 of the Code of Criminal Procedure (CrPC), a police officer cannot detain a person in custody for more than 24 hours without seeking special permission from the magistrate. Extended custody requires judicial authorization.
Custodial Deaths:
Custodial deaths can occur in various forms of custody and are deeply concerning. Here are the different contexts in which such deaths may happen:
- Death in Police Custody: Excessive force, torture, denial of medical care, or other forms of abuse can result in death while a person is in police custody.
- Death in Judicial Custody: Overcrowding, poor hygiene, lack of medical facilities, inmate violence, or suicides are some of the factors that can contribute to deaths in judicial custody.
- Death in the Custody of Army or Paramilitary Forces: Deaths can occur due to torture, extrajudicial killings, encounters, or crossfire incidents when individuals are in the custody of armed forces.
Constitutional Provisions:
The Indian Constitution provides crucial safeguards against custodial torture and upholds the rights of individuals:
- Article 21: This fundamental right guarantees the right to life and personal liberty, encompassing the right to be free from torture, cruel, inhuman, or degrading treatment or punishment. It emphasizes the importance of preserving human dignity.
- Article 20(1): It ensures that no person shall be convicted of any offence except those defined by law at the time of the act’s commission.
- Article 20(3): This provision prohibits the compelling of an individual to be a witness against themselves. It protects against self-incrimination and coerced confessions obtained through torture or coercion.
