Custodial Death

Article 21 of the Constitutional provides with protection of life and personal liberty- “No person shall deprived of his life or personal liberty except according to procedure established by law”.

For custodial death, a Writ Petition can be filed before the High Court. The court can award compensation to the victim’s family. Custodial death has been described as- “one of the worst crimes in a civilized society, governed by the rule of law” [D.K. basu v/s State of West Bengal, AIR 1997 SC 610 para 36].

The right against custodial violence arises from Article 21 [ Sheela Barse v/s. State of Maharashtra AIR 1983 SC 378].

According the Constitutional of India, there is a protection against illegal arrest, detention and custodial death.

The supreme court laid down guidelines governing arrest of a person during investigation in the case of Joginder Kumar v/s State of U.P.(1994) 4 SCC,260, this has been done with a view to strike a balance between the needs of police on the one hand and the protection of human rights of citizens from oppression and injustice at the hand of law enforcing agencies. The Court held that, a person is liable to be arrested merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the police officer effecting the arrest that such was necessary and justified.

Following are the guidelines laid down by the Supreme Court

  1. An arrested person being held in custody is entitled, if he so requests to have one friend, relative or other person who is known to him or likely to have an interest in his welfare, told as far as practicable, that he has been arrested and where he is being detained;
  2. Police officer shall inform the arrested person, when is brought to the police station, of this right ;
  3. An entry shall be required to be made in the Diary as to who was informed of the arrest.

These protection power flow from Article 21 and Article 22 of the Constitution, and therefore, they must be enforce strictly.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

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