CUSTODIAL VIOLENCE IN INDIA: A CRITICAL ANALYSIS OF LEGAL SAFEGUARDS AND ENFORCEMENT MECHANISMS

AUTHOR – M. VANESH* & R. KALAISELVI**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – M.VANESH & R.KALAISELVI, CUSTODIAL VIOLENCE IN INDIA: A CRITICAL ANALYSIS OF LEGAL SAFEGUARDS AND ENFORCEMENT MECHANISMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 765-767, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Custodial violence remains one of the most serious human rights violations within the Indian criminal justice system. Despite constitutional guarantees and judicial safeguards, instances of torture, abuse, and custodial deaths persist. This paper critically examines the legal framework governing custodial conduct in India, evaluates its effectiveness, and identifies structural gaps in enforcement. It argues that the absence of a dedicated anti-torture law, weak accountability mechanisms, and institutional culture contribute significantly to the persistence of custodial violence. The study concludes by recommending comprehensive legal and institutional reforms to ensure accountability and protection of detainees’ rights.

Keywords: Custodial violence, human rights, police brutality, legal safeguards, India, torture