Authored By: V.ISWARIYALAKSHMI
Government Law College Ramanathapuram ( Tamilnadu Dr. Ambedkar Law University)
ABSTRACT
In June 2025, a temple security guard named Ajith Kumar died while in police custody in Sivagangai district, Tamil Nadu. He had been taken into custody for questioning in a theft case and was allegedly beaten during questioning, He later died from the injuries he suffered in custody. The incident caused strong public anger, and the court refused bail to the police officers involved, citing the seriousness of the custodial violence allegations. This incident once again brought attention to the continuing problem of police brutality in custody across India. Custodial deaths not only violate the right to life and human dignity but also weaken public trust in criminal justice system. This Article examines custodial violence as a violation of the right to life and personal liberty under the constitution, analyses the institutional and legal shortcomings that enable such abuse, and highlights the impact of custodial deaths on public confidence in the justice system. It further emphasizes the urgent need for structural reforms in policing to ensure accountability, transparency and strict adherence to the rule of law. This Ajith Kumar brutal Attack issue had an impact on me, so I decided to write an article about police custodial brutality in India.
Keywords: custodial death, personal liberty, Accountability, strong public anger, weaken public trust, constitution, structural reforms, Ajith Kumar incident, Abuse.
INTRODUCTION
Police custodial brutality remains one of the most serious human rights concerns in India. Custody is meant to be a space for lawful investigation, but in many cases, it turns into a place of fear. Violence, and even death. Incidents of physical assault, mental torture, and illegal detention by police officers continue to be reported across the country, raising serious question about accountability and the protection of basic rights. Such practices strike at the very foundation of the rule of law, which requires that power be exercised within legal limits and with respect for human dignity. Despite constitutional safeguards and judicial guidelines, custodial violence has not been effectively curbed. Victims often belong to vulnerable sections of society and lack the resources to seek justice. Delayed investigation, weak prosecution, and institutional bias further worsen the problem. The absence of independent oversight and the culture of impunity within law-enforcement agencies allow such abuses to continue unchecked. Custodial brutality not only violates fundamental rights under the constitutional but also damages public trust in the police system. When those entrusted with enforcing the law become violators themselves, the legitimacy of the justice system is seriously undermined. This situation highlights the urgent need for structural reforms, including legal accountability, transparent investigation mechanisms, police training reforms, and stronger human rights enforcement.
REASONS FOR CUSTODIAL DEATHS
ABUSE OF POWER AND CULTURE OVERSIGHT
Officers abuse their power during arrests and interrogations. The false belief that violence is an effective tool to obtain confessions leads to obtain confessions leads to torture, resulting in serious injuries and police brutality.
LACK OF ACCOUNTABILITY AND WEAK OVERSIGHT
Incidents of police torture often go unpunished due to delayed investigation, internal investigation, and protection provided to accused police officers. When accountability is weak, illegal practices continue with impunity.
PRESSURE TO SOLVE CASE QUICKLY
Pressure to conclude cases quickly political and public pressure to show quick results in criminal cases is high on the police. This pressure encourages illegal method such as third – degree torture; poor and vulnerable people who do not have legal assistance are particularly vulnerable.
STRUCTURAL REFORMS TO ADDRESS POLICE CUSTODIAL BRUTALITY IN INDIA
Police custodial brutality cannot be addressed only by punishment after a violent occurs. What is required is a deep structural change in the way policing, investigation, and accountability function in India. The following reforms focus on prevention, transparency, and long-term institutional change.
INDEPENDENT INVESTIGATION BODY
Complaints about custodial violence and deaths must be investigated by an independent agency to ensure fairness and prevent influence by the local police. This avoids bias and ensures transparency and accountability. Independent investigation is one of the best structural reforms for police brutal attacks against innocent people.
MANDATORY SURVELLIANCE IN POLICE STATIONS: CCTV CAMERAS.
Cameras should be mandatory in all police stations, lockups and interrogation rooms. The recordings should be stored securely and provided to the court if requested. CCTV camera provides a biggest security to the accused person and is one of the main structural reforms to promote strong public trust.
STRENGTHENING JUDICIAL SUPERVISION
Judges should carefully examine the physical and mental state of the accused person while remaining them. Frequent inspections should be carried out at police stations. Judges should actively understand the accused person state of mind.
A SEPARATE LAW FOR CUSTODIAL TORTURE.
Separate laws should be enacted that clearly define custodial torture and provide for severe punishment and penalties. General criminal laws are not sufficient for this. In my opinion the punishment should be severe enough that others will not be able to do it again after seeing this kind of punishment given to the police.
POLICE TRAINING AND ACCOUNTABILITY
Police officers should be trained in human rights and legal investigation procedures. Senior officers should be held accountable for mistakes made under their supervision. This ensures transparency and accountability. The main duty of seniors is to take the smallest mistake made by their subordinates and correct them. By doing small things like that, by correcting mistakes, it creates a big impact.
Above these structural reforms are essential to protect constitutional values and the rule of law.
CONSTITUTIONAL AND STATUTORY LEGAL FRAMEWORK
The Constitution and the statutory legal provisions ensure that police power is exercised within the limits of the law and that police violence is to be considered a serious violation of the law.
Constitutional legal framework
Article 14 – Right to equality
Article 14 guarantees equality before the law and prohibits arbitrary action by the police. Unjust or discriminatory violence by the police violates this article.
Article 20(3) – Protection against self-incrimination
This article prohibits forcing an accused person to confess his guilt. the use of police violence or coercion during interrogation is completely illegal.
Article 21 – Right to life and personal liberty
This article provides for the right to life and personal liberty. Torture in custody and custodial death are gross violation of this right.
Article 22 – Protection Against Arbitrary Arrest and Detention
This article provides protection against unlawful arrest and detention. A person arrested must be informed of the reasons for his arrest, be given the assistance of a lawyer, and be brought before a court within 24 hours.
Article 32 – Right to access the supreme court
In this article If a person’s fundamental rights are violated, he has the right to directly approach the supreme court.
Article 226 – Right to access the high court
In this article If a person’s rights are violated, he has the right to approach the high court to enforce them.
STATUTORY LEGAL FRAMEWORK
Bharatiya Nyaya Sanhita (BNS) 2023
Section 120 – Causing hurt or grievous hurt to extort confession
Causing injury or serious bodily harm to obtain a confession it is offence when someone inflict injury or serious bodily harm (including causing pain or loss) with the intent to obtain a confession or information.
Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023
Section 35 – Lawful Arrest
This section allows arrest only when it is lawful and necessary. prevent misuse of arrest powers by police.
Section 36 – Procedure of Arrest
This section deals that the police cannot use more force than necessary during arrest. Excessive force amounts to police brutality.
Section 37 – Designated police officer
Establish a police control room in every district and at state level and maintain arrest information of arrested person
Section 38 – Rights of the Arrested person
The arrested person must be informed of the grounds of arrest and their right to bail to prevent abuse.
Section 51 – Medical examination
Mandatory medical check – up of arrested person to detect injuries and prevent custodial violence
Bharatiya Sakshya Adhiniyam (BSA) 2023 Section 22 – Confession
Confession made under inducement, threat, coercion, or promise are inadmissible.?
Section 23 – Confession to police officer
Confession in police custody is inadmissible unless made before a magistrate.
Protection of human Rights Act,1993
This Act established the National Human Rights Commission (NHRC) and State human rights commissions. These commissions are empowered to investigate human rights violations, including custodial deaths. In the event of a custodial death, the police must report it to the NHRC within 24 hours. Although the NHRC recommendations are advisory in nature, they have increased transparency and accountability regarding custodial violence.
Police Acts, 1861
Most police departments still operate under republican-era laws such as the police act,1861. These laws place more emphasis on control than accountability , leading to problems such as police brutality and police torture.
LANDMARK CASE FOR POLICE CUSTODIAL BRUTUTALITY
D.K. BASU V. STATE OF WEST BENGAL (1997) 1 SCC 416
Mr.D.K.Basu, Executive chairman, west Bengal state legal Aid services, wrote to the supreme court regarding the increasing cases of custodial torture and custodial deaths in India. The letter was accepted as a public interest litigation (PIL). The supreme court issued mandatory guidelines to curb custodial violence and protect the rights of detainees.
11(Eleven) principles stated by the supreme court there are:
- Identification Arresting officers must clearly display their name and position.
- Arrest memo must be prepared at the time of arrest
- The arrest report must be signed by a relative or a reputable person from the area
- Inform the relatives or friends of the arrested person should be informed immediately
- Family or relatives should be informed of where the arrested person is being held.
- Police diary entry details about arrest should be recorded in the police diary
- Arrested person has the right to meet a lawyer during interrogation.
- Arrested person must be medically examined at the time of arrest.
- Medical examinations must be conducted every 48 hours by a government doctor.
- All arrest documents must be sent to the magistrate
- Police control rooms must be set up at district and state levels to display arrest information.
AJITH KUMAR V. STATE OF TAMILNADU (CUSTODIAL DEATH CASE) 2025
In this case Ajith Kumar, a 27-year-old temple security guard from sivagangai district of Tamil Nadu, B. Ajith Kumar died in police custody while being taken into custody for questioning in connection with a jewelry theft complaint. The post-mortem report revealed over 40 injuries and showed severe torture by the guards during interrogation. The madras high court, Madurai bench, strongly condemned the incident, stating that “no murderer would be attacked in this way “and ordered a court inquiry, CBI investigation, and forensic reports to be submitted, and directed the state government to extend to full cooperation. Further, the court ordered an interim compensation of 25 lakhs to Ajith Kumar’s family in view of the death in custody and physical violence; it also rejected the bail application of the accused policemen due to the gravity of the charges and the risk of influencing witnesses. Following this, CBI registered a case under Bharatiya Nyaya Sanhita,2023 101 (murder) and filled a charge sheet against the accused before a magistrate. Currently the case is pending and processing ongoing.
STATE OF MADHYA PRADESH V. ACCUSED POLICE OFFICIALS (2025) (BHOPAL POLICE BRUTALITY CASE)
In Bhopal, Madhya Pradesh, a 22-year-old b. Tech student, Udit Gayaki died after being severely beaten by police officers. CCTV footage shows two police officers. CCTV footage shows two police officers repeatedly chasing him; he later collapsed and died. The post-mortem examination revealed multiple external injuries and severe damages to internal organs, indicating sparked a public outcry and the two police officers involved were suspended and arrested; a murder case was registered. The state government has announced legal action, and an investigation is underway under the leadership of ACP. Currently the case is pending and processing ongoing.
CONCLUSION
Police power is for enforcing the law, not for revenge or torture. Police torture not only damages the body but also undermines the trust in the law and the foundation of democracy. Only a combination of strict law enforcement, independent investigative bodies, prompt judicial oversight, Professional police training, and human rights education can completely eradicate police violence. Trusting justice is that no one is above the law; that is the strength of the police and the trust of the people.
The police uniform should never become a symbol of fear. Behind every police death is a silenced voice, a shattered family, and a question that continues to haunt democracy – who guards the guards? When pain becomes a weapon and power replaces humanity, the very soul of justice is shattered. True policing should be measured not by strength but by control, not by fear but by trust. The day everyone walks out of the police station with dignity, the law will truly speak the language of justice. Ending custodial torture is not just about legal reform- it is a promise we owe to human life.
“NO ONE IS ABOVE THE LAW”
