Custodial Deaths Laws: They say the state is a necessary evil. It is called evil because it has a monopoly on violence.Agents of the state can legitimately engage in violent acts to protect larger goods. The problem is that agents are also human beings. Authority over violence gives power, which is reflected in the custodial death figures in India. Even laws fail to check it.
Provisions against Custodial Torture and Deaths
Human rights inside Custody are Constitutionally protected. Ambit of right to life under Article 21 is extendable to custodies too after the 44th amendment. Article 20(3) protects us against self-incrimination. Article 22 is specifically designed to protect against detention and arrest in certain cases. It mandates a Magistrate hearing within 24 hours of arrest.
Other than Constitutional safeguards, there are plethora of legal provisions protecting accused apprehended by law enforcement agencies. Even if the accused being apprehended is trying to run away, Police should use only that much force which does not result in death. Section 46 of CrPC explicitly codifies it.
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Section 49 of CrPC asks Police to not use more restraint than necessary for preventing the escape. The very next section mandates that every arrestee needs to be informed by the police about the reason for the arrest and also about bail provisions.
Even if the person is mistreated in custody, he or she can ask for a mandatory health checkup under Section 54 of CrPC. Section 55A pins the responsibility of health and safety of the detainee on Custodian. In other words, if the person dies in custody, the Custodian officer will be held responsible for death. The distrust on Police is documented in CrPC.
IEA, IPC, and D.K. Basu guidelines
Not only CrPC, but the Evidence Act and IPC also stand as testaments to it. Section 25 of the Evidence Act nullifies confessions made to police officers. For any custodial confession to be legally valid, it has to be made in the presence of a magistrate, as mandated under Section 26 of the IEA.
Despite that, custodial deaths have been a recurring trend in India. There are loads of such anecdotes from the emergency era and its related police state. Time and again, the judiciary has had to step in with its own set of rules and regulations to avoid it. The most prominent of these guidelines were laid down in the famous D.K. Basu case of 1996.
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Under the guidelines, the accused has been granted a privilege to keep friends or relatives in loop. The memo prepared by Police for the arrest has to be attested by at least one person related to the arrestee or a respectable person from the locality.
Moreover, the particulars of the arrest, especially the place of detention, need to be communicated to a friend or relative of the arrestee as he or she wishes. Even if that person lives out of town, the communication has to be sent within 8 to 12 hours.
In addition to that, the diary entry of arrest has to be updated in the station diary. It also has to be communicated to the Police Control room and notice board of every district. Under D.K Basu guidelines, medical rights have also been expanded.
The arrestee has to go through medical examination every 48 hours during detention. It has to be done by a doctor on the panel of approved doctors appointed by the Director, Health Services of the State. The minutes of the medical report has to be compulsorily communicated to the concerned magistrate. 
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Penal provisions are not enough
These guidelines are directly derived from the Constitution. Not following these guidelines invites the Wrath of much dreaded Contempt of Court Act, 1971.
On its part, the government has added some more rights to detainees as well. With the Criminal Law Amendment Act of 1983, the punishment for rape in custody has been increased to a minimum of 10 years. The 2008 amendment to the CrPC mandates the issuance of a notice of appearance by the dealing officer. However, it only applies in cases where the punishment for the crime is less than 7 years.
A violation of any of these principles is punishable under Sections 330 and 331 of the IPC. Apart from them, sections 302, 304, 304A, and 306 can also be invoked. It is really sad to see how these laws are blatantly violated and no one bats an eye. Even in 2023, custodial deaths will be a reality, demonstrating the need for a shift in attitude on the ground.
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