Police Brutality and Custodial Torture in Technological Era: Need for Anti-Torture Law in India - A Critical Analysis

Authors

  • A. Nirmal Singh Heera
  • Rajasathya K.R
  • N. Prabhavathi

DOI:

https://doi.org/10.37506/ijfmt.v15i2.14262

Keywords:

Judiciary, Legal Sanctity, Lockup Deaths, Police Brutality, Powers of Police, Rights of Public, Role of Technology

Abstract

Police audacity and brutality is not an uncommon phenomenon. It has caught the attention of the public
and the judiciary and eventually a catena of directions was promulgated by the National Human Rights
Commissions (NHRC), High Courts as well as the Supreme Court of India right from the ancient era to
technological era. Yet, the menace and inhumane attitude of the police officials have not declined; instead, it
is increasing day by day and one step ahead, Tamil Nadu has seen the worst of its effect that has resulted in
the death of an innocent father and his son. This incident has grabbed the attention of not only the State of
Tamil Nadu but also the entire Nation. In this situation, the authors intend to analyse the power of the police
to manhandle the public, the liabilities and responsibilities of the police in case of death caused by such
brutality, and third-degree methods used by the police. This article ponders on the question Does the police
have the power to torture the public for any reasons whatsoever? If so, what are the limitations placed on
the powers of the police while harassing the public? and so on… the authors aspire to analyse the duties of
the police while making the arrest, the duties of the magistrates while ordering for judicial custody, and the
authors also intend to suggest the remedial measures to curb the menace of lockup deaths.
Aim and Scope: To know the powers of the police to torture the public under the guise of investigation, to
know the judicial approach to curtail the menace of torture by the police, and its implications and to know
the feasibilities of technologies to be implemented during the investigating process.
Method: For the purpose of the research, secondary data such as books, articles, news papers, case laws, and
legal provisions of Indian Laws are collected and analysed.
Conclusion: In spite of the Constitutional and statutory provisions including International Conventions,
decision and directions promulgated by the Apex Court of India and the NHRC, there is a constant increase
in the custodial torture, custodial death and custodial ill-treatment which is a disturbing factor that causes
deep anxiety in the society. The Prevention of Anti-Torture Act is the need of the hour

Author Biographies

A. Nirmal Singh Heera

Assistant Professor (Law), Tamil Nadu National Law University, Tiruchirappalli, Tamil Nadu, India

Rajasathya K.R

Assistant Professor, VIT School of Law, VIT, Chennai Campus, Tamil Nadu, India

N. Prabhavathi

Assistant Professor, School of Law, SASTRA Deemed to be University, Thanjavur, Tamil Nadu, India

Published

2021-03-24

How to Cite

A. Nirmal Singh Heera, Rajasathya K.R, & N. Prabhavathi. (2021). Police Brutality and Custodial Torture in Technological Era: Need for Anti-Torture Law in India - A Critical Analysis. Indian Journal of Forensic Medicine & Toxicology, 15(2), 17-24. https://doi.org/10.37506/ijfmt.v15i2.14262