Custodial Deaths in India
Legal Framework and Scale
Custodial death refers to death occurring while a person is in the custody of the police, prison authorities, or other state agencies. India does not have a standalone anti-torture law; custodial deaths are prosecuted under the Indian Penal Code (now Bharatiya Nyaya Sanhita) and special laws.
- Relevant IPC provisions: Section 302 (murder), Section 304 (culpable homicide not amounting to murder), Section 330 (voluntarily causing hurt to extort confession — key provision in custodial torture cases), Section 331 (grievous hurt to extort confession)
- The NHRC reported approximately 2,739 custodial deaths in 2024 (up from ~2,400 in 2023); NCRB data shows not a single police official was convicted for custodial deaths between 2018 and 2021
- India signed (1997) but has not ratified the UN Convention Against Torture (UNCAT); the Supreme Court has held that the right against torture flows from Article 21 (right to life with dignity)
- The Prevention of Torture Bill, 2010, passed by the Lok Sabha but rejected by a Parliamentary Committee, lapsed — India still lacks a dedicated anti-torture statute
● Tracked since March 08, 2026 · last seen April 07, 2026 · updates as the daily brief publishes
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