THE INVERSE RELATIONSHIP BETWEEN CUSTODIAL VIOLENCE AND CUSTODIAL PROTECTION: AN ANALYSIS

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Pooja Tiwari
The West Bengal National University of Juridical Sciences


‘Dharma’ and ‘Danda’ has been the underlining concept of governance in our ancient times and from the time immemorial the function of Indian Police, has always been as the principal law enforcement agency. “This huge reservoir of trained manpower can become a very important catalyst of positive change in society provided they are made to serve the rule of law and held accountable for their sins of commission and omission, if any. The issue of holding them accountable is very closely linked to the type of control and superintendence exercised over them.[1]” Therefore, role of police personnel’s is very crucial in our state. Violence conducted during custody is a Janus faced creature as the conduct of the officials is both insincere and deceitful to the law of the land. Physical violence like beating, rape or death or mental torture both are the ways exercised by the law custodians. The exercise of custodial violence is mainly exercised against the socially or economically weaker section of the society. The Impact of these atrocities is such that they tend to hamper victim’s mind, his peace or life.  Article 21 of the Constitution of India provides for Right to life and Personal Liberty but the exercise of the inhumane treatment against the people leads in hampering their basic fundamental right. The article below would critical analyse in its violence that is exercised against the person in custody by the people who are by law under a derogation to protect them i.e. the police atrocities against the person in custody.

[1] G.P.Joshi, “Police Accountability in India” file:///C:/Users/H%20P/Downloads/police_accountability_in_india%20(2).pdf (last visited on 04th November 2017)


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