Custodial Torture and Accountability in India

Abstract

Custodial torture remains a pervasive concern in India despite constitutional prohibitions and statutory safeguards. This article evaluates the effectiveness of legal mechanisms designed to prevent custodial violence and ensure accountability. Examining Supreme Court jurisprudence, statutory provisions under the Code of Criminal Procedure, and institutional frameworks such as the National Human Rights Commission, this study identifies critical gaps between legal theory and implementation. Analysis reveals that while India possesses a robust normative framework including protections under Articles 20(3), 21, and 22 of the Constitution enforcement remains inconsistent due to institutional deficiencies, evidentiary challenges, and a culture of impunity. The article argues that reforming accountability mechanisms requires comprehensive police reforms, mandatory video recording of interrogations, witness protection, and expedited prosecution of custodial crimes. Drawing on comparative jurisdictions and empirical data, this study provides recommendations for strengthening India's legal safeguards against custodial torture while balancing legitimate law enforcement concerns.