CUSTODIAL DEATH IN INDIA

Abstract

One of the worst crimes in a civilized society governed by the Rule of Law is custodial death. It raises the question that, does a citizen, when a policeman arrests him, lose his fundamental right to life? Can a citizen's right to life be put in abeyance upon his arrest? Indeed, the answer has to be an emphatic' No.' In India, where the rule of law is implicit in any action and the right to life and liberty is regarded as the fundamental right that adorns the highest position among all essential fundamental rights, torture instances and the use of third-degree tactics on suspects during unlawful detention and police detention throws a slur on the administration system itself. Custodial torture is widely recognized as one of the most barbaric types of violations of human rights. It is banned by the Constitution of India, the Supreme Court, the National Commission of Human Rights (NHRC) and the United Nations. But these institutions are being defied by the police across the country. Therefore, using a pragmatic approach, there is a need to strike a balance between individual human rights and public interests in fighting crime.