This flowchart illustrates the legal and procedural safeguards in place to prevent custodial violence and ensure accountability of law enforcement agencies.
This flowchart illustrates the legal and procedural safeguards in place to prevent custodial violence and ensure accountability of law enforcement agencies.
Mandatory Medical Examination of Arrestee
Right to Inform Relative/Friend & Consult Lawyer
Production Before Magistrate (within 24 hours)
Installation of CCTV Cameras in Police Stations & Interrogation Rooms (SC 2020 Directive)
Magisterial Inquiry (Mandatory for Custodial Death/Rape)
NHRC/SHRC Investigation & Recommendations
Legal Action under IPC (e.g., Sec 302, 304A, 330, 331)
Mandatory Medical Examination of Arrestee
Right to Inform Relative/Friend & Consult Lawyer
Production Before Magistrate (within 24 hours)
Installation of CCTV Cameras in Police Stations & Interrogation Rooms (SC 2020 Directive)
Magisterial Inquiry (Mandatory for Custodial Death/Rape)
NHRC/SHRC Investigation & Recommendations
Legal Action under IPC (e.g., Sec 302, 304A, 330, 331)
Violation of Fundamental Rights: Directly violates Article 21 (Right to Life and Personal Liberty) and Article 20(3) (Right against self-incrimination) of the Indian Constitution.
Legal Provisions against Torture: While there is no specific law against torture, acts of custodial violence are punishable under various sections of the Indian Penal Code (IPC) 1860 (e.g., Section 302 for murder, Section 304A for causing death by negligence, Section 330/331 for causing hurt to extort confession).
Judicial Directives: The Supreme Court in cases like D.K. Basu v. State of West Bengal (1997) laid down detailed guidelines for arrest and detention to prevent custodial violence.
NHRC/SHRC Role: The National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) investigate complaints of custodial violence and recommend action.
Magisterial Inquiries: Mandatory magisterial inquiries in cases of custodial death or rape.
Burden of Proof: In cases of custodial death, the burden of proof often shifts to the police to explain the circumstances.
Compensation: Courts often award compensation to victims or their families.
CCTV Cameras: Installation of CCTV cameras in police stations and interrogation rooms, as mandated by the Supreme Court in 2020, to monitor police conduct.
This flowchart illustrates the legal and procedural safeguards in place to prevent custodial violence and ensure accountability of law enforcement agencies.
Violation of Fundamental Rights: Directly violates Article 21 (Right to Life and Personal Liberty) and Article 20(3) (Right against self-incrimination) of the Indian Constitution.
Legal Provisions against Torture: While there is no specific law against torture, acts of custodial violence are punishable under various sections of the Indian Penal Code (IPC) 1860 (e.g., Section 302 for murder, Section 304A for causing death by negligence, Section 330/331 for causing hurt to extort confession).
Judicial Directives: The Supreme Court in cases like D.K. Basu v. State of West Bengal (1997) laid down detailed guidelines for arrest and detention to prevent custodial violence.
NHRC/SHRC Role: The National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) investigate complaints of custodial violence and recommend action.
Magisterial Inquiries: Mandatory magisterial inquiries in cases of custodial death or rape.
Burden of Proof: In cases of custodial death, the burden of proof often shifts to the police to explain the circumstances.
Compensation: Courts often award compensation to victims or their families.
CCTV Cameras: Installation of CCTV cameras in police stations and interrogation rooms, as mandated by the Supreme Court in 2020, to monitor police conduct.
This flowchart illustrates the legal and procedural safeguards in place to prevent custodial violence and ensure accountability of law enforcement agencies.
