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VIDHIGYA: The Journal of Legal Awareness
Year : 2023, Volume : 18, Issue : 1and2
First page : ( 117) Last page : ( 125)
Print ISSN : 0973-3825. Online ISSN : 0974-4533.
Article DOI : 10.5958/0974-4533.2023.00010.6

Custodial death in India - An analysis

Tyagi Shilpi

Assistant Professor, IPEM Law Academy, Ghaziabad, Uttar Pradesh, India

Online published on 5 June, 2024.

Abstract

When amicus curiae A M Singhvi filed a request for the Implementation of some additional guidelines to prevent custodial excesses, which have resulted in the deaths of 11,820 and 3,532 reported cases of custodial torture between 2007 and 2012, the bench of justices S.S. Nijjar and F.M. Kalifulla felt aggrieved. The high court observed several seriously ineffective instructions that had been put into practice and looked for an explanation from the government and the states after learning that roughly 12,000 people died in the previous five years, either in jails or police stations. This is the most severe type of human rights abuse, which affects people all over the world. According to the Ministry of Home Affairs (MHA), in the preceding five years, the highest number of custodial deaths reported in Gujarat was 80. This article attempts to discuss different clauses in the Indian constitution that guarantee each person held in custody their basic rights. Although the Indian Constitution does not directly guarantee the right to compensation, this article also explores numerous court directives, unlike other legal systems. It provides compensation to the victim as a significant methodology.

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Keywords

Custodial Death, Phenomenon, Compensation, Guidelines, Implementation.

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