Custodial death cases

The Supreme Court recently emphasized the need for a stricter approach towards bail pleas of police personnel accused in custodial death cases, setting aside the bail granted to a police constable involved in such a case.

Key Points from Supreme Court’s Verdict:

• The Court made an exception to the general bail norms, citing the gravity of the offense and the accused’s affiliation with the police force.
• It invoked Article 136 of the Constitution to nullify the bail granted by the High Court, emphasizing the exceptional nature of custodial death cases.

Legal Framework and Safeguards:

• Constitutional provisions such as Article 14 (Right to equality before law) and Article 21 (Right to life) underscore the importance of safeguarding against custodial violence.
• Legal statutes like Sections 330 and 331 of the IPC provide for punishment for injuries inflicted to extract confessions during custody.
• Section 176 of the Cr.P.C mandates magisterial inquiries in cases of custodial deaths, ensuring accountability.

International Obligations and Guidelines:

• India’s commitment to the International Covenant On Civil And Political Rights underscores its obligation to prevent custodial violence.
• Landmark judgments like D.K Basu v. State of West Bengal and guidelines by the National Human Rights Commission (NHRC) provide frameworks for safeguarding detainees’ rights and reporting custodial incidents promptly.

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