Custodial Torture Not Official Duty: Bombay Hight Court Directs Sessions Court To Enhance Charges Against Police Officers From Hurt To Murder
1 year, 8 months ago

Custodial Torture Not Official Duty: Bombay Hight Court Directs Sessions Court To Enhance Charges Against Police Officers From Hurt To Murder

Live Law  

Observing that a sanction isn’t required to prosecute police officers in cases of death due to custodial torture, the Bombay High Court directed a Special CBI Court to charge three police officers with murder of a 23-year-old man in 2009. Justice PD Naik set aside an order of the Sessions Court simply upholding charges under section 323 of the IPC, based on the CBI’s investigation, and instead directed the court to frame charges for offences under Sections 120-B r/w 302, 330 & 342 IPC. The court relied on statement of family members and neighbours, “The said statements prima facie shows that Respondents/Accused while taking the deceased in their custody assaulted him and dragged him to auto rickshaw and took him to the Police Station where he was detained.” Lastly, the High Court said it was wrong for the Sessions Court to have appreciated the defence's evidence. “In the light of the principles enunciated in several decisions and factual matrix of this case, it will have to be held the learned Sessions Judge/Special Judge has passed erroneous order while dealing with issue of framing charge and remitted the case back to the trial Court for prosecution of the Accused for offences under Sections 120-B r/w 323, 342 of IPC,” the court observed.

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History of this topic

1997 Custodial Torture Case | Gujarat Court Acquits Ex-IPS Officer Sanjiv Bhatt
2 weeks, 3 days ago

1997 Custodial Torture Case | Gujarat Court Acquits Ex-IPS Officer Sanjiv Bhatt

Live Law  

A court in Gujarat's Porbandar District last week acquitted former IPS officer Sanjiv Bhatt in connection with a 1997 custodial torture case. Acquitting Bhatt, Additional Chief Judicial Magistrate Mukesh Pandya observed that the prosecution could not "prove the case beyond reasonable doubt" and that appropriate sanction to prosecuted Bhatt, the then superintendent of police. Acquitting Bhatt, Additional Chief Judicial Magistrate …

1997 Custodial Torture Case | Gujarat Court Acquits Ex-IPS Officer Sanjiv Bhatt
2 weeks, 3 days ago

1997 Custodial Torture Case | Gujarat Court Acquits Ex-IPS Officer Sanjiv Bhatt

Live Law  

A court in Gujarat's Porbandar District last week acquitted former IPS officer Sanjiv Bhatt in connection with a 1997 custodial torture case. Acquitting Bhatt, Additional Chief Judicial Magistrate Mukesh Pandya observed that the prosecution could not "prove the case beyond reasonable doubt" and that appropriate sanction to prosecuted Bhatt, the then superintendent of police. Acquitting Bhatt, Additional Chief Judicial Magistrate …

'Torture' Not Part Of Police's Official Duty, No Sanction Required To Prosecute For Such Acts: Kerala High Court
3 weeks, 2 days ago

'Torture' Not Part Of Police's Official Duty, No Sanction Required To Prosecute For Such Acts: Kerala High Court

Live Law  

The Kerala High Court has held that a Magistrate Court can take cognizance in case of custodial torture by police office, without prior sanction of the State Government under Section 197 of CrPC. Justice K. Babu reasoned that a Police Officer torturing a man in a police station cannot be treated as part of official duty, thus not requiring sanction …

Supreme Court scraps CBI probe, sets up SIT to investigate Bengal torture charge
4 weeks, 1 day ago

Supreme Court scraps CBI probe, sets up SIT to investigate Bengal torture charge

Hindustan Times  

NEW DELHI: The Supreme Court on Monday appointed a special investigation team of West Bengal police to investigate allegations of custodial torture of two women who took part in the protests following the rape and murder of a junior doctor at Kolkata’s RG Kar Medical College and Hospital. “We have a lot of faith in the young IPS officers,” a …

Supreme Court scraps CBI probe, sets up SIT to investigate Bengal torture charge
4 weeks, 1 day ago

Supreme Court scraps CBI probe, sets up SIT to investigate Bengal torture charge

Hindustan Times  

NEW DELHI: The Supreme Court on Monday appointed a special investigation team of West Bengal police to investigate allegations of custodial torture of two women who took part in the protests following the rape and murder of a junior doctor at Kolkata’s RG Kar Medical College and Hospital. {{^userSubscribed}} {{/userSubscribed}} {{^userSubscribed}} {{/userSubscribed}} The top court’s order scraps the Calcutta high …

RG Kar Protests: Supreme Court Forms SIT To Probe Alleged Custodial Torture of 2 Women By Police
4 weeks, 1 day ago

RG Kar Protests: Supreme Court Forms SIT To Probe Alleged Custodial Torture of 2 Women By Police

ABP News  

The Supreme Court on Monday constituted a Special Investigation Team to probe the alleged custodial torture of two women arrested amid protests that took place in West Bengal after the horrific rape and murder of an in-duty trainee doctor at the government run RG Kar Medical College. A bench of Justices Surya Kant and Ujjal Bhuyan was dealing with West …

Supreme Court to look into the death of a painter whose widow claims is an obvious case of custodial torture by T.N. Police
7 months, 1 week ago

Supreme Court to look into the death of a painter whose widow claims is an obvious case of custodial torture by T.N. Police

The Hindu  

The Supreme Court has decided to examine if the death of a 35-year-old painter, whose battered body was released to his family nine years ago by the Tamil Nadu Police, was a case of custodial torture. In 2022, the Special Court under the Scheduled Caste/Scheduled Tribe Act altered the charges against the accused police officers from culpable homicide not amounting …

Patna High Court Orders ₹2 Lakh Compensation To Man Who Was Subjected To 'Severe' Torture, Assault In Police Custody
7 months, 4 weeks ago

Patna High Court Orders ₹2 Lakh Compensation To Man Who Was Subjected To 'Severe' Torture, Assault In Police Custody

Live Law  

The Patna High Court has ordered the State Government to pay a compensation of ₹2 lakh to a man who was subjected to severe torture and assault while in police custody.Applying the principle under Section 106 of the Evidence Act to the facts of the case, a bench of Justice Bibek Chaudhuri observed that the policemen involved in the. The …

Stricter Approach Will Be Taken Regarding Bail In Custodial Death Cases Where Police Officers Are Accused : Supreme Court
8 months, 3 weeks ago

Stricter Approach Will Be Taken Regarding Bail In Custodial Death Cases Where Police Officers Are Accused : Supreme Court

Live Law  

The Supreme Court held that a stricter approach regarding bail will be adopted regarding cases of custodial torture where police officers are involved.“It is a fact that, in ordinary circumstances, we ought not to invoke our jurisdiction under Article 136 of the Constitution of India to invalidate an order granting bail to an accused. The Supreme Court held that a …

Balveer Singh, others appear before Judicial Magistrate on alleged torturing of suspects in custody
10 months, 3 weeks ago

Balveer Singh, others appear before Judicial Magistrate on alleged torturing of suspects in custody

New Indian Express  

TIRUNELVELI: Tainted IPS officer Balveer Singh, who along with his team of police personnel was accused of removing the teeth of suspects in custody using pliers and allegedly employing other torture methods in Ambasamudram, Kallidakurichi and Vikramasingapuram police stations appeared before Judicial Magistrate I, Tirunelveli, for the fourth hearing on Wednesday. Balveer Singh and 14 other police personnel were charge-sheeted …

Tanur Drugs Case: Kerala High Court Asks DLSA Chairman To Submit Report On Allegations Of Jail Torture
1 year, 1 month ago

Tanur Drugs Case: Kerala High Court Asks DLSA Chairman To Submit Report On Allegations Of Jail Torture

Live Law  

The Kerala High Court on Thursday directed the Chairman of Legal Services Authority, Kozhikode or any officer deputed by him to file a report after investigating into alleged harassment in jail meted out to persons arrested in connection with the alleged possession of narcotic drugs in Tanur, Malappuram. Kunhikrishnan directed thus: “I am of the considered opinion that the Chairman, …

Kerala Court Orders Conditional Attachment Of Police Sub-Inspector's Property For Prima Facie Custodial Torture Of Kollam Lawyer
1 year, 4 months ago

Kerala Court Orders Conditional Attachment Of Police Sub-Inspector's Property For Prima Facie Custodial Torture Of Kollam Lawyer

Live Law  

A Kerala Court has ordered conditional attachment of a Police Sub-Inspector's property for prima facie custodial torture of a Kollam based lawyer. Advocate Jayakumar had filed a suit seeking damages from the Station House Officer, Sub-Inspector of Karunagappally Police Station and on-duty Taluk Doctor. The Court noted that there was a prima facie case of police torture made out against …

Calcutta High Court Invokes Powers Under Article 226 Constitution To Cancel Bail Of Woman's In-Laws For Prima Facie Torture
1 year, 10 months ago

Calcutta High Court Invokes Powers Under Article 226 Constitution To Cancel Bail Of Woman's In-Laws For Prima Facie Torture

Live Law  

The Calcutta High Court recently invoked its power under Article 226 of the Constitution of India to cancel the bail granted to the in-laws of a woman on the ground that she continues to be tortured by them. The charges under Sections 376 and 354 of the Indian Penal Code have been prima facie established in the investigations by the …

Assam court directs case against cop over custodial torture
2 years, 2 months ago

Assam court directs case against cop over custodial torture

India TV News  

Highlights The suspects claimed that the physical abuse in custody was carried out One of them was tortured in various ways, including rubbing of chilli powder on private parts They also pointed to a policeman present in the court who had helped in the torture Assam cop custodial torture: A court in Assam's Karimganj district has directed that a case …

Custodial Violence A Concern For Civilized Society: Allahabad High Court Denies Bail To Cop Accused Of Killing 24 Yr Old Man
2 years, 3 months ago

Custodial Violence A Concern For Civilized Society: Allahabad High Court Denies Bail To Cop Accused Of Killing 24 Yr Old Man

Live Law  

"Custodial violence, custodial torture and custodial deaths have always been a concern for civilized society. Times and again the judicial verdicts of the Apex Court and other Courts have shown their concern and anguish in such matters," observed Allahabad High Court as it denied bail to a cop in connection with the custodial death of a 24-year-old man.The bench of …

[Custodial Death] Madras High Court Directs CB-CID To Charge Erring Police Officials For Murder, Awards ₹5 Lakh Interim Compensation To Family
2 years, 4 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 …

Allegations Of Custodial Torture Levelled By An Undertrial Not Ground To Assume Similar Treatment Meted Out To Related Accused: Calcutta High Court
2 years, 6 months ago

Allegations Of Custodial Torture Levelled By An Undertrial Not Ground To Assume Similar Treatment Meted Out To Related Accused: Calcutta High Court

Live Law  

The Calcutta High Court on Monday refused to issue a writ of Habeas Corpus at the instance of the petitioner by opining that the allegation of custodial torture against another accused in a different case cannot ipso facto raise presumption in the mind of the Court that custodial torture is being meted out to the petitioner as well.A Bench comprising …

Custodial Torture: Calcutta High Court Grants Bail To NDPS Accused, Orders Enquiry & Preservation Of CCTV Footage
2 years, 7 months ago

Custodial Torture: Calcutta High Court Grants Bail To NDPS Accused, Orders Enquiry & Preservation Of CCTV Footage

Live Law  

The Calcutta High Court on Tuesday granted bail to an accused against whom proceedings under the Narcotic Drugs and Psychotropic Substances Act, 1985 had been initiated after taking into account that he had suffered torture while in custody. Furthermore, the Court also took on record the report filed by the Additional District Judge, 2nd Court, Berhampore, Murshidabad dated May 10 …

"Calculated Assault After Overpowering The Accused": Court Orders Registration Of FIR Against Delhi Police Officials After Allegations Of Custodial Torture
2 years, 11 months ago

"Calculated Assault After Overpowering The Accused": Court Orders Registration Of FIR Against Delhi Police Officials After Allegations Of Custodial Torture

Live Law  

A Delhi Court has ordered for registration of FIR against Delhi Police officials after it was alleged that they indulged in custodial torture and brutally assaulted an accused person in police custody. Calling the injuries a calculated assault after overpowering the accused, Additional Chief Metropolitan Magistrate Babru Bhan of Rohini Courts directed the concerned Joint Commissioner of Police. Calling the …

5 Custodial Deaths Per Day, Rapes, Caste Crimes: Why CJI Finds Threat to Human Rights in 'Thanas'
3 years, 4 months ago

5 Custodial Deaths Per Day, Rapes, Caste Crimes: Why CJI Finds Threat to Human Rights in 'Thanas'

News 18  

Custodial torture and other police atrocities still prevail in India and even the “privileged are not spared third-degree treatment”, Chief Justice of India N V Ramana said on Sunday. News18 takes a look at the situation in police stations and what may have prompted the CJI to take note: 5 deaths per day According to National Human Rights Commission, a …

"State Is Vicariously Liable": NHRC Recommends Payment Of Rs.1Lakh By Home Ministry To Victims Of Custodial Torture By Delhi Police
3 years, 10 months ago

"State Is Vicariously Liable": NHRC Recommends Payment Of Rs.1Lakh By Home Ministry To Victims Of Custodial Torture By Delhi Police

Live Law  

The National Human Rights Commission has recommended payment of Rs. While recommending that the Union Ministry of Home Affairs pays one lakh to the victims, the Commission has also called for the report of departmental action taken against the six erring police official, who are facing trial. The Commission's recommendation has come after its decision to dismiss Delhi Police's plea …

Custodial Torture Leading to Death of Person Not Acceptable in Civilised Society: SC
3 years, 10 months ago

Custodial Torture Leading to Death of Person Not Acceptable in Civilised Society: SC

News 18  

Custodial violence which lead to the death of a person is "abhorrent" and not acceptable in the civilised society, the Supreme Court on Thursday said, while refusing to compound the offence of two policemen, accused of assaulting a man, who later succumbed to injuries in 1988 in Odisha. The custodial violence on the deceased which led to the death is …

Thoothukudi custodial deaths: CBI charge sheet details six hours of inhumane torture
4 years, 1 month ago

Thoothukudi custodial deaths: CBI charge sheet details six hours of inhumane torture

Hindustan Times  

The Central Bureau of Investigation’s charge sheet in the alleged custodial deaths of P Jeyaraj and J Bennicks details the inhumane six- hour torture of the father and son allegedly by nine police officers at Sathankulam police station in Thoothukudi, Tamil Nadu. The charge sheet, filed on September 25 against the nine police officers, said that after Jeyaraj, 59, was …

No Plans To Enact Legislation To Prevent Custodial Torture: Govt Tells In Lok Sabha [Read Statement]
4 years, 3 months ago

No Plans To Enact Legislation To Prevent Custodial Torture: Govt Tells In Lok Sabha [Read Statement]

Live Law  

The Union Ministry of Home Affairs on Tuesday informed the Lok Sabha that it has no plans to bring a legislation on Custodial Violence. The Minister of State in the Ministry of Home Affairs, G Kishan Reddy, informed the House that the Indian Penal Code provides punishment for such offences and it has no plans to bring in a separate …

Why a separate anti-torture law?
4 years, 5 months ago

Why a separate anti-torture law?

The Hindu  

The alleged torture of a father-son duo in Sattankulam town in Tamil Nadu has once again given rise to the demand for a separate law against torture. Though the definition of ‘hurt’ does not include mental torture, Indian courts have included psychic torture, environmental coercion, tiring interrogative prolixity, and overbearing and intimidatory methods, among others, in the ambit of torture. …

Custodial Torture And Deaths: The Dark Side Of Indian Police
4 years, 5 months ago

Custodial Torture And Deaths: The Dark Side Of Indian Police

Live Law  

The deaths of Jayaraj and Bennix at Santhankulam in Tuticorin, Tamil Nadu due to torture in police custody has once again brought into light the ugly side of the methods used by the India's police authorities. The Report goes on to state – "Out of the 125 deaths, 93 persons died during police custody due to alleged torture/foul play while …

India’s torture culture needs to end now
4 years, 5 months ago

India’s torture culture needs to end now

The Hindu  

By now, everyone has heard of the tragic deaths of P. Jayaraj and J. Benicks, a father-son duo in a small town in Thoothukudi. Supreme Court on torture Even before India signed the UNCAT, our Supreme Court had brought about glorious jurisprudence highlighting the many problems with the country’s torture culture. In Raghbir Singh v. State of Haryana, the Court …

Police Brutality: A Case For Urgent Intervention By The Constitutional Courts
4 years, 5 months ago

Police Brutality: A Case For Urgent Intervention By The Constitutional Courts

Live Law  

Police brutality manifests itself both on and off the street – in the form of lathi charges, provocative firing on citizens, public shaming and beating, fake encounters, custodial torture happening in police station and other penitentiaries. Realising the need for judicial intervention in such matters, detailed guidelines were formulated by the Supreme Court in the cases of Joginder Singh and …

'Custodial Torture And Deaths Are Crimes Against Humanity': SCAORA Condemns Jeyaraj-Bennix Custodial Deaths[Read Resolution]
4 years, 5 months ago

'Custodial Torture And Deaths Are Crimes Against Humanity': SCAORA Condemns Jeyaraj-Bennix Custodial Deaths[Read Resolution]

Live Law  

The Executive Committee of the Supreme Court Advocates-On- Record Association has condemned the "barbaric custodial torture" inflicted upon the father-son duo by the police officers of Sathankulam Police Station at Thoothukudi District in Tamil Nadu. Expressing its "deep anguish and dismay" on the tragic incident, the SCAORA said, "Since the competent authorities are stated to be examining the conduct of …

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