Explained: How Custodial Deaths In India Reveal The Loopholes Of Indian Justice System

Vignesh, a 25-year-old man was arrested by Chennai police on 18 April over alleged possession of marijuana. The next day, he died in police custody and police claimed that he died of a seizure. The rights activists and family of Vignesh denied believing it and alleged that he was tortured.

The post mortem report of Vignesh reveals that he had 13 different wound contusions on his head, above eyes, arms, cheeks and other parts of his body. However, a few more reports are yet to come to conclude the exact cause of his death, reported NDTV.

Taking action on the matter, the state government suspended two cops and transferred the investigation to the Crime Branch, Crime Investigation Department (CB-CID).

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In India, the cases of custodial deaths are increasing and almost no accountability of police showing the systematic flaws in the legal system.

1,888 custodial deaths in last 2 decades

According to National Crime Records Bureau¡¯s data (compilation 2001-2020), in India, over 1,888 custodial deaths were reported, 893 cases registered against police personnel and 358 personnel charge-sheeted in the last two decades. However, only 26 policemen were convicted during the period.

In 2020, 76 custodial deaths were reported and Gujarat tops the list with 15 deaths. The National Crime Records Bureau¡¯s data (NCRB) in its report categorises ¡°deaths in police custody/lockup¡± in two categories.

The first category includes person not on remand. They are not arrested but are yet to be produced before the court. The second category includes persons in remand, which means those in police/judicial remand.

Laws around custodial deaths

Several laws are there to tackle the issue. One among them is that it is mandatory to register a First Information Report in case of death in police custody.

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Further, in order to introduce an inquiry into custodial death cases, the Code of Criminal Procedure 1971 was amended in 2005. The Code of Criminal Procedure deals with laws on how to conduct criminal trials. The amendment enabled judicial magistrates to investigate the matter of custodial deaths.

Section 176 of the Code says that even if the police investigate a matter of custodial death, the judicial magistrate in the jurisdiction of the police station has to mandatorily conduct the investigation.

The magistrate conducting the inquiry has to send the body for examination to the nearest civil surgeon within 24 hours of the death. In case of inability to do so, the reason should be recorded in writing.

The magistrate is required to inform the family members of the deceased about the inquiry and allow them to be present when it is being conducted.

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Guidelines by National Human Rights Commission

According to the National Human Rights Commission (NHRC) guidelines on custodial deaths, such deaths are required to be reported to NHRC within 24 hours. The video recording of post mortem must be done.

It is also mandatory that ¡°all reports including post-mortem, videography and magisterial inquiry report must be sent within two months of the incident¡±.

5 people die every day in official custody

As per the report of the National Campaign Against Torture (NCAT), approx. 5 people died in custody every day in the year 2019.

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NCAT also suggested that the situation is far worse than what is shown in Indian statistics. The report indicates that as many deaths occurred in 2019 as India¡¯s official crime bureau believes happened over a period of 20-year.

NCAT data analysis tells that 125 people who died in custody in 2019 were from poor and marginalized communities.

Further, approx. 55 deaths resulted from suicide and Uttar Pradesh topped the charts, followed by Andhra Pradesh on the alleged suicide list.

Judiciary on custodial deaths

The Chief Justice of India NV Ramana once expressed his concern about custodial deaths and said that ¡°police stations pose the highest threat to human rights and dignity as custodial tortureviolence and police atrocities still prevail despite constitutional guarantees.¡±

Further, the apex Court has made it compulsory for all police stations and investigation agencies to install CCTV cameras. This was instructed to reduce custodial torture.

Inputs from The Indian Express, Scroll and DW.

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