Custodial Deaths in India
Legal Framework
A "custodial death" refers to any death occurring while a person is in the custody of state authorities — including police custody, judicial remand, or detention in a prison. The Supreme Court in D.K. Basu v. State of West Bengal (1997) laid down 11 binding guidelines on arrest and detention procedures. The National Human Rights Commission (NHRC) mandates that all custodial deaths must be reported within 24 hours to the NHRC, and a judicial inquiry by a magistrate is compulsory under Section 176(1A) of the CrPC (now BNSS).
- D.K. Basu v. State of West Bengal (1997): Landmark Supreme Court judgment on custodial torture and deaths
- Section 176(1A) of CrPC (now BNSS equivalent): Mandates judicial magistrate inquiry in all custodial deaths
- NHRC Protocol: State must report custodial deaths within 24 hours; sends inquiry team if circumstances are suspicious
- Right to Life under Article 21: Extended to include right to live with dignity even in custody
- Section 357A CrPC: Provides for victim compensation scheme
● Tracked since March 08, 2026 · last seen April 07, 2026 · updates as the daily brief publishes
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