Study on Ancient Criminal Justice System of Ancient, Medieval and British India

This research paper consists of three parts which analyse torture and Inhuman punishments which were prevalent during the three important phases of history of India namely Ancient period, Medieval period and British period. In 1855, the Madras Torture Commission Report was the first government-backed study on police torture in modern India. It was revealed that torture and coercion were not new innovations brought about by British rule but have a long history and predate colonization. Considering the recommendations in the report, the confession under police custody was not admissible as evidence in accordance with Code of Criminal Procedure, 1898, and Indian Evidence Act, 1872. It has been since the last quarter of the twentieth century that this safeguard has been incorporated into these penal laws, In fact, it has failed to provide a complete solution, and custodial violence or torture has remained an integral part of police operations. British officials were concerned with the mutilation and other inhumane punishments being practiced in India in the name of enlightenment and civilization. In this paper, we argue that British colonial torture in India was different from that in other parts of the world. As a result, it took place outside the public eye, in the context of police operations, prison discipline, life sentences, and arbitrary executions. For writing this present research paper, descriptive and analytical methods with doctrinal mode have been adopted. This research paper has taken into account Indian books, laws, reports, journals.