CUSTODIAL DEATH CRITICAL ANALYSIS

Abstract

Custodialdeath is something which have universal problem and can be consider as one of the cruelest formsof human kind. Custody means under the guardianship, just imagine the situation where protector of mankind itself violating the law of human rights, it is one of the heinous crimes for entire human kind. Where people believing that police are meant for their protection and police itself taking disadvantage of their authority. There are many provisions present in Indian Constitution and statutory law which protect the rights of prisoner, like in Constitution Article 20(1) & (3), Article 21, Article 22 etc. Other statutory provision like section 300, 330, 331, 348 of Indian penal Code, section 56, 57, 76, 161, 146, 167 of Code of Criminal Procedure, Section 24, 145, 114B of Indian evidence Act 1872. This article mainly focuses on the issue’s relation to the custodial death, various measure to delimit the powers of the police in relation with the custodial death with the help of law commission reports judicial pronouncement and lastly suggestive measure to curb down custodial death.