CUSTODIAL VIOLENCE & ACCOUNTABILITY

Custodial violence continues to be a serious human rights concern within the criminal justice system and poses a direct challenge to the rule of law and constitutional governance. It refers to physical, mental, or emotional harm inflicted by law-enforcement personnel during arrest, interrogation, or detention. Despite the existence of legal safeguards and constitutional protections, cases of custodial torture and deaths in custody continue to occur, highlighting a clear gap between legal provisions and their practical enforcement. This study examines the nature, causes, and consequences of custodial violence in India, with particular emphasis on the issue of police accountability. The Constitution of India guarantees fundamental rights such as the right to life and personal liberty under Article 21, protection against self-incrimination under Article 20(3), and safeguards against arbitrary arrest and detention under Articles 22(1) and 22(2). However, factors such as misuse of authority, inadequate training, pressure to secure speedy confessions, and weak supervisory mechanisms often result in abuse of power by police officials. The judiciary has played a significant role in addressing custodial violence through landmark judgments. A notable example is D.K. Basu v. State of West Bengal, where the Supreme Court laid down detailed guidelines to prevent custodial torture and abuse. Despite such judicial interventions, the absence of a comprehensive anti-torture legislation and poor implementation of existing safeguards continue to weaken accountability mechanisms. Departmental inquiries, which are commonly relied upon, often lack transparency and independence, allowing erring officials to escape responsibility. Police accountability is a vital element of democratic policing. Ensuring accountability helps maintain lawful and ethical conduct while strengthening public trust in law-enforcement institutions. Measures such as independent oversight bodies, mandatory CCTV surveillance in police stations, legal reforms, and regular sensitisation of police personnel are essential to prevent custodial abuse. In conclusion, custodial violence not only violates individual rights but also erodes public confidence in the justice system, making strong accountability mechanisms indispensable for upholding constitutional values of justice and liberty.