Law & Custodial Death
2 years, 2 months ago

Law & Custodial Death

Live Law  

"One of the worst crimes in a civilized society under the Rule of Law is perhaps the death in custody. In its report: Torture in India 2008: A State of Denial - the first-ever nationwide assessment on the use of torture in India- released onJune25, Asian Centre for Human Rights stated that 7,468 persons, at an average of 1,494 persons per year or about four persons per day, have died and been killed in prison and police custody during 2002 to 2007. In Nandini Satpati v P.L Dani, the Court held that physical threats or violence, psychological torture, atmospheric pressure, environmental coercion, and tiring interrogation by police are law violations. The committee effectively articulated the standard conflict that arises when prosecuting public employees: we want them to carry out their tasks without fear or favour, but we also want to ensure that they are held accountable for their actions.Impunity clauses like Clause 6 of the original Torture Bill or Section 197 of the Code of Criminal Procedure consider only the need to protect public employees. Under the proposed law, public servants and others responsible for causing grievous hurt or danger to any person's life, limb, or health would be liable for being punished for torture.

India Human Rights Death Supreme Court Constitution Court Rights Torture Police Custody Criminal Procedure Public Servants Rajya Sabha Fundamental Rights Human Dignity Custody Case State Cbi Sec Human Bill This Case Ngo Custodial Nhrc Custodial Death Public Employees Custodial Torture Law Public Torture Bill  court  custody  v  custodial  state  law  public  rights  case  death  human  torture

History of this topic

Legally Speaking | Police stations and custodial violence: A look at the trends
6 months ago

Legally Speaking | Police stations and custodial violence: A look at the trends

Hindustan Times  

Former Chief Justice of India, N. Ramana, in 2021 stated that the most dangerous places in the country for threats to human rights are police stations. The Supreme Court once said: “Bound as they are by the ties of brotherhood, it is not unknown that the police personnel prefer to remain silent and more often than not even pervert the …

Custodial death of Assam rape accused: Court seeks answers from govt
6 months, 2 weeks ago

Custodial death of Assam rape accused: Court seeks answers from govt

The Hindu  

The Gauhati High Court issued a notice to the Assam government on Monday in a case related to the custodial death of a rape accused on August 24. One of three people accused of raping a 14-year-old girl in Dhing, central Assam, a handcuffed Tafajjul Islam reportedly drowned while trying to escape from police custody. Abdul Awal filed a petition …

Custodial Death, Encounter Killings In Punjab During 1984-1995: Decades-Old Incidents With No Eye-Witness, Initiation Of Investigation Not Feasible: CBI To High Court
10 months, 3 weeks ago

Custodial Death, Encounter Killings In Punjab During 1984-1995: Decades-Old Incidents With No Eye-Witness, Initiation Of Investigation Not Feasible: CBI To High Court

Live Law  

The Central Bureau of Investigation has submitted today before the Punjab & Haryana High Court that investigation into the alleged 6,733 encounter killings, custodial death and illegal cremation of dead bodies in Punjab during the period of 1984-1995 is "not feasible" and will be a futile exercise.A division bench of Acting Chief Justice G.S. The Central Bureau of Investigation has …

'Unresolved Crimes Erode Public Trust In Institutions': Supreme Court Orders CBI Probe Into Death Of Manipuri Woman In Delhi In 2013
1 year ago

'Unresolved Crimes Erode Public Trust In Institutions': Supreme Court Orders CBI Probe Into Death Of Manipuri Woman In Delhi In 2013

Live Law  

Recently, the Supreme Court held that the power of the constitutional courts to transfer the investigation to the CBI must be exercised sparingly and in exceptional circumstances, however, the constitutional courts aren't restrained to transferring the investigation to the CBI for doing complete justice and ensuring there is no violation of fundamental rights.Observing so, the Court. Recently, the Supreme Court …

National Human Rights Commission asks Assam to submit report on custodial death of Nagaland man
2 years, 7 months ago

National Human Rights Commission asks Assam to submit report on custodial death of Nagaland man

The Hindu  

: The National Human Rights Commission has sought an action taken report from the police in eastern Assam’s Sivasagar district regarding the custodial death of a Naga tribal man on August 21. E. Henveih Phom, a 35-year-old resident of Anaki-C village in Nagaland’s Mokokchung district, was arrested along with a woman on August 16 by the Assam police while they …

[Custodial Death] Madras High Court Directs CB-CID To Charge Erring Police Officials For Murder, Awards ₹5 Lakh Interim Compensation To Family
2 years, 7 months ago

[Custodial Death] Madras High Court Directs CB-CID To Charge Erring Police Officials For Murder, Awards ₹5 Lakh Interim Compensation To Family

Live Law  

The Madras High Court recently allowed a mother's plea to register a case for the offence of Murder against the police officials allegedly involved in the custodial death of her 22 year old son.It directed the CB-CID to alter the charge against the accused police officials and proceed against them for the offence of murder and file the final report …

Data | Tamil Nadu records most custodial deaths in South India
2 years, 10 months ago

Data | Tamil Nadu records most custodial deaths in South India

The Hindu  

On April 19, a man died in police custody in Chennai. has recorded the highest number of deaths in judicial custody in the last six years among all the States, Tamil Nadu has this ignominious distinction among the southern States. Disciplinary action was recommended in 0.2% of the cases Judicial custody The map shows the number of deaths reported while …

Supreme Court Criminal Digest With Subject And Statute Wise Index- March 2022
2 years, 11 months ago

Supreme Court Criminal Digest With Subject And Statute Wise Index- March 2022

Live Law  

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer of …

Over 2,150 cases of deaths in judicial custody in 2021-22: Govt
3 years ago

Over 2,150 cases of deaths in judicial custody in 2021-22: Govt

India Today  

Over 2,150 cases of deaths in judicial custody and 155 deaths in police custody were reported by the National Human Rights Commission in 2021-22, the Lok Sabha was informed on Tuesday. Union Minister of State for Home Nityanand Rai said Uttar Pradesh recorded the highest number of 448 deaths in judicial custody in 2021-22 till February, while Maharashtra reported the …

'Accountability Required': Uttarakhand High Court Orders CBI Probe, Transfer Of Jail Guards, Departmental Proceedings Against SSP In Custodial Death Case
3 years, 8 months ago

'Accountability Required': Uttarakhand High Court Orders CBI Probe, Transfer Of Jail Guards, Departmental Proceedings Against SSP In Custodial Death Case

Live Law  

The Uttarakhand High Court on Thursday ordered a Central Bureau of Investigation probe into the custodial death of a 35 year old prisoner at the Haldwani Sub-Jail. The Court was adjudicating upon a plea filed by the prisoner's wife seeking a transfer of investigation from the Haldwani police station, Nainital to the CBI citing wilful negligence on part of the …

Custodial Violence Unacceptable In Civilized Society: Supreme Court Rejects Plea Of Police Officers Seeking Compounding In View Of Settlement
4 years, 1 month ago

Custodial Violence Unacceptable In Civilized Society: Supreme Court Rejects Plea Of Police Officers Seeking Compounding In View Of Settlement

Live Law  

The Supreme Court refused the plea seeking compounding of offences of two police officers accused in a custodial violence case.Though considering their age, the sentence was reduced, the bench comprising Justices Ashok Bhushan and Ajay Rastogi enhanced the compensation to to Rs.3.5 lacs each in addition to compensation awarded by the High Court to be paid to the legal heirs …

SC Bench Headed By Justice UU Lalit To Hear Plea Seeking Guidelines To Curb Custodial Violence [Read Order]
4 years, 7 months ago

SC Bench Headed By Justice UU Lalit To Hear Plea Seeking Guidelines To Curb Custodial Violence [Read Order]

Live Law  

A three-Judge bench of the Supreme Court on Friday directed the Registry to list a PIL seeking guidelines to curb custodial violence before a bench headed by Justice UU Lalit. The Petitioner-organization, through Advocates Shashwat Anand and Devesh Saxena, has submitted that custodial violence is an acute demonstration of a broken criminal justice system and failure to effectively uphold legal …

'Without Valid Consent From Maharashtra Govt., CBI Has No Jurisdiction To Investigate Sushant Singh Rajput's Death': Mumbai Police Tells SC [Read Affidavit]
4 years, 7 months ago

'Without Valid Consent From Maharashtra Govt., CBI Has No Jurisdiction To Investigate Sushant Singh Rajput's Death': Mumbai Police Tells SC [Read Affidavit]

Live Law  

The Mumbai police has filed its affidavit before the Supreme Court challenging the July 25 FIR, at the instance of Sushant Singh Rajput's father against actor Rhea Chakraborty and 5 others for abetment to suicide, registered in Patna and subsequently transfered to the CBI. The affidavit further contends that "About 38 days of the death of the deceased, the father …

Custodial Violence : Sr Adv AM Singhvi Seeks Revival Of Proceedings In 'DK Basu v State Of WB' For Fresh Directions
4 years, 8 months ago

Custodial Violence : Sr Adv AM Singhvi Seeks Revival Of Proceedings In 'DK Basu v State Of WB' For Fresh Directions

Live Law  

In the wake of the horrific incident of custodial deaths of Jeyaraj and Bennix in Tamil Nadu, Senior Advocate Abishek Manu Singhvi has filed an application in the Supreme Court seeking revival of the proceedings in the landmark case D K Basu v State of West Bengal.In the 1996 judgment delivered in D K Basu case, the SC had issued …

Why custodial deaths often go unpunished | Opinion
4 years, 8 months ago

Why custodial deaths often go unpunished | Opinion

Hindustan Times  

The brutality of the killings of Jayaraj and Bennicks in the Sathankulam police station in Thoothukudi, Tamil Nadu, is of a piece with police high-handedness which thrives in a broken criminal justice system. Another critical safeguard is that the police have to produce arrestees in court within 24 hours of the arrest, for the magistrate to ensure their legal rights …

SC Issues Notice On PIL For Establishing Human Rights Courts In Every District [Read Petition]
5 years, 8 months ago

SC Issues Notice On PIL For Establishing Human Rights Courts In Every District [Read Petition]

Live Law  

The Supreme Court bench headed by Chief Justice Ranjan Gogoi on Monday issued notice to the Centre and states on a plea to specify and set up Human Rights Courts for each district across the country, as required under sections 30 and 31 of the Protection of Human Rights Act, 1993. The petition by law student Bhavika Phore The Supreme …

PUDR report questions role of rights body in custodial deaths
6 years ago

PUDR report questions role of rights body in custodial deaths

The Hindu  

The role of National Humans Rights Commission into custodial deaths in Delhi has been questioned by People’s Union for Democratic Rights in its latest report on the subject. The report which has examined 10 cases of custodial deaths in the Capital from 2016-2018 claimed that the National Humans Rights Commission has been unable to effectively discharge its functions. The report …

Hashimpura massacre a case of custodial deaths, says Delhi High Court
6 years, 5 months ago

Hashimpura massacre a case of custodial deaths, says Delhi High Court

The Hindu  

The Delhi High Court on Wednesday held that the killing of 38 Muslims in Hashimpura in 1987 by the Uttar Pradesh Provincial Armed Constabulary personnel was a case of custodial death. Accepting the NHRC’s suggestion, the High Court recommended that every State Legal Services Authority should designate a Nodal Officer to address the needs of the victims’ families in the …

Kotkhai rape and murder: Himachal Pradesh court extends police officials' judicial custody till 25 Nov
7 years, 4 months ago

Kotkhai rape and murder: Himachal Pradesh court extends police officials' judicial custody till 25 Nov

Firstpost  

A court on Thursday extended the judicial custody of the Himachal Pradesh Police officials arrested by the CBI in connection with the custodial death of an accused in the Kothkai rape and murder case till 25 November. Shimla: A court on Thursday extended the judicial custody of the Himachal Pradesh Police officials arrested by the CBI in connection with the …

Custodial Deaths: Bombay HC Fiat To Magistrates On Immediate Independent Inquiry
8 years, 5 months ago

Custodial Deaths: Bombay HC Fiat To Magistrates On Immediate Independent Inquiry

Live Law  

The Bombay High Court on Tuesday directed the Registrar General of the high court to issue a circular to all magistrates in the State to conduct an independent inquiry as soon as they get to know of a custodial death.A division bench of Justice Abhay Oka and Justice AA Sayed gave these directions while hearing a PIL filed by the …

19 deaths in jails in state in 2015
8 years, 7 months ago

19 deaths in jails in state in 2015

Hindustan Times  

Even as the Bombay high court had directed the authorities to bring cases of custodial deaths to zero, the state recorded 19 such instances in 2015, according to National Crime Records Bureau. The state stood first in custodial deaths of people who were not remanded in police custody and second in case of those who were remanded in police custody …

Suicide biggest reason for custodial deaths in India: NCRB
8 years, 7 months ago

Suicide biggest reason for custodial deaths in India: NCRB

Live Mint  

New Delhi: Suicide is the biggest reason for custodial deaths in India, according to data released by the National Crime Records Bureau on Tuesday. Out of 97 custodial death cases or disappearance from police custody in 2015, 33 were attributed to suicide, the report said. Interestingly, not a single policeman has been convicted in cases of custodial death or disappearance …

Bombay High Court orders CCTVs in Police Stations to monitor custodial deaths
10 years, 7 months ago

Bombay High Court orders CCTVs in Police Stations to monitor custodial deaths

Live Law  

A Bombay High Court Bench comprising of Justice V.M. Kode on Wednesday ordered installation of CCTV cameras in Police Stations, with a compliance report to be filed within four weeks.The Bench reportedly directed magisterial inquiry against the police officials accused in a custodial death case. Kode on Wednesday ordered installation of CCTV cameras in Police Stations, with a compliance report …

Bombay High Court orders CCTVs in Police Stations to monitor custodial deaths
10 years, 7 months ago

Bombay High Court orders CCTVs in Police Stations to monitor custodial deaths

Live Law  

A Bombay High Court Bench comprising of Justice V.M. Kode on Wednesday ordered installation of CCTV cameras in Police Stations, with a compliance report to be filed within four weeks.The Bench reportedly directed magisterial inquiry against the police officials accused in a custodial death case. Kode on Wednesday ordered installation of CCTV cameras in Police Stations, with a compliance report …

For a moratorium on death sentence
12 years, 3 months ago

For a moratorium on death sentence

The Hindu  

The Supreme Court’s five-judge Constitution Bench judgment in Bachan Singh is the source of contemporary death penalty jurisprudence in India. In Sangeet, the Radhakrishnan-Lokur Bench has continued the judicial scrutiny started by Bariyar of post- Bachan Singh death penalty cases, to see if they have complied with the requirements of the law. Bachan Singh, delivered by a five-judge Constitution Bench, …

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