Behind Bars and Beyond Laws: The Dark Reality of the Custodial Violence

Custodial violence is a confession of failure to do justice, and it remains a critical issue in India, undermining the integrity of the criminal justice system and violating human rights. This study investigates the prevalence and patterns of custodial deaths, evaluates the existing legal frameworks, and assesses the impact of custodial violence on both victims and society. The study aims to examine the legal provisions in India, such as the BNS, BNSS, and guidelines issued by various High Courts and by the Supreme Court, alongside International human rights conventions, to determine their effectiveness in preventing custodial torture and deaths. In a democratic country like India, it’s the duty of Police officials to safeguard the rights of every citizen, but this isn't the case. Dehumanizing torture is an alarming and serious question about the credibility of the law. By means of heinous torture towards the arrestee, which creates a form of mental and physical impact on the person. This paper highlights the shortcomings of the current legal system through doctrinal and empirical analysis and provides specific policy recommendations to reform victim rehabilitation, police procedures, and investigative techniques. This highlights the necessity of a strong, open, and human rights-focused approach to law enforcement that protects people’s dignity and increases public confidence in the legal system. Due to the rising number of custodial violence cases, the Law Commission and courts have initiated certain guidelines and recommended the need for special legislation to curb custodial violence. This research paper makes a study of custodial violence and its impact on individuals, certain statutes that protect the rights of arrestees, and certain preventive measures for the issue.