Author: Mohd Shamshad Ahmad Co-Authors: Samreen Malik, Ananya Singh
Police barbarity and custodial deaths have become a crucial subject nowadays. Homicides in police custody, tormentisa travesty to rule of law. Custodial turmoil is the illicitimpel used by police or a jail authority on the felon which turned out to be very fierce and unreasonable in another word, it is the ill-treatment that is given to a convict which steersan influence on their physiological temperament. The system in the custody is more rigorous and vicarious than it seems to the rest of the world. There is no way to understand why this system of custodial violence still exists in our federation.
Timed with the International Day in Support of Victims of Torture, ‘India: federation on torture 2019’ said 1,606 of the deaths happened in judicial custody and 125 in police custody.
“Out of the 125 deaths in police custody, Uttar Pradesh pinnacled with 14 deaths, followed by Tamil Nadu and Punjab with 11 deaths each and Bihar with 10 deaths,” said the report disseminated by the National Campaign against Torture (NCAT)
D.K Basu v. State of West Bengal
Under this case, the chief justice of India had inscribeda letter notifying about the lock-up custodial death and the Supreme-Court contemplated the letter as the petition.
The court discerns despite the several statutes and legislation aimed at procuring safeguard there have been numerous illustrations of torture still prevalent in the nation.
The court cited the validity of custodial death and regarded it to be one of the unfortunate crimes in a civilized society governed by the rule of law.
The police officer carrying out the arrest and handling the interrogation should make it the apparent and noticeable designation of his name labels with the identifications and the particulars as to who is handling the interrogation.
The police officer who is hauling the arrest should equip a memo and which shall be substantiated by the bystander of the family or any member of the tract.
The place of arrest, time and place where the arrest has taken by the police officials must be notified to the family, relatives.
The person arrested must be given the information about his arrest.
There must be an entry in the case diary at the Police station regarding the name of the person who has been informed about the arrest.
The arrestee should be examined while making an arrest, medically his body parts for any minor or major injury.
Copies of all the above said and others should be attached and send to the magistrate for his record. The arrestee may be permitted to meet his lawyer during the interrogation or throughout the interrogation.
Christen community welfare council vs. state of Maharashtra
On 26 August 1994, In this case, the person was arrested and died in the police custody and the wife of the deceased was also locked down in the lock-up in the room of the police station and was assaulted by the police officer and was informed about the death of her husband, after the above event she was then represented by the christen community welfare council.
The judgment given by the Supreme Court was that all the ten police officer who was involved in the incident was liable for the punishment under IPC U/s. 302, 343, 354 and direct the state government to pay compensation to the wife of the deceased. The state government after the above-said case directed guidelines which had to be followed:
. It was instructed to the police officers after arresting and before a detainee is taken to the magistrate trade he should be medically examined.
. Detailed of his /her medical information.
. Details of his / her medical report in station diary of the police station and shall be given the same to the magistrate
. At the time of arrest, the person should be medically examined should if he is carrying any major and minor injuries which should be recorder in the ‘inspection memos'.
. The female arrestee shall not be arrested after the sun rest and before the sun rises and if an arrest is a necessity, it should be done by the female constable.
Any person may have committed the most heinous of crimes yet the due process of law is to be made available to even the worst human being on earth. Our belief in human rights, constitution and legal system demands form us that no one shall be slain by the police in custody. The criminal justice system needs to be implemented with fare trail. You cannot simply take the law in hand. This is not the way in which a civilized legal system operates. It is completely against the principle of due process of law. It affects the administration of the criminal justice system. This is not the way in which a civilized legal system operates exercise of power needs to be within rule of law.