Custodial Death in India: Human Rights Violations and Accountability of State Authorities

At the time of death, the state and the individuals are under the direct control and protection because custodial deaths are the most serious forms of human rights concerns. If a person is arrested, detained, or imprisoned, the person will not lose his or her fundamental rights. When a person is in custody, the state assumes an increased duty of care towards a person, and any death resulting from torture, excessive force, negligence, refusal of medical care, or other unlawful conduct raises serious questions concerning the protection of the right to life and dignity. Arbitrary state action and Custodial violence provide protection against at these, particularly in the Indian constitution Articles 14 and 21 of the constitution.1 The case law of the Supreme Court of India includes cases such as Nilabati Behera v State of Orissa and D.K. Basu v State of West Bengal; 2 in these cases, concerning state responsibility, the state has developed safeguards against custodial torture, investigation, and compensation. The court repeatedly said that if a person is being tortured or physically/mentally abused it is misconduct to human dignity and constitutional rights when this incident happens like this there should be a proper investigation and it should be effective. On 1st July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force with the legal framework, which has gone through important statutory changes. 3 Deaths or disappearances existing in police or other custody for these the BNSS contains provisions regarding Investigation. Happenings of custodial deaths, whether in police or judicial custody, should be reported within 24 hours; this was established by the National Human Rights Commission (NHRC). In India this research studies the constitutional and statutory safeguards, the role of courts and human rights institutions, accountable for state authorities holding the mechanisms. And the continuing challenges in avoiding custodial death. These legal is secure when they are attached by independent investigation, institutional accountability, proper medical and forensic procedures, timely prosecution, and effective remedies for victims’ families.