Custodial Violence and Human Rights: Role of Judiciary in Protecting Prisoners Rights

Parmeshwar Prasad Asthana , Dr Sarita Bhawani Malviya

Custodial Violence, Prisoners’ Rights, Judicial Safeguards, Human Rights, Jurisprudence,Criminal Justice System (India)

Custodial violence represents one of the most serious violations of human rights within the criminal justice system. Despite constitutional guarantees and statutory safeguards, incidents of torture, abuse, and deaths in police or judicial custody continue to raise serious concerns in India. The protection of prisoners’ rights has therefore become an essential component of human rights jurisprudence. The Constitution of India guarantees fundamental rights such as the right to life, personal liberty, and protection against arbitrary arrest under Articles 21 and 22, which also extend to individuals in custody. However, the persistence of custodial violence reflects gaps in the implementation of these safeguards and highlights the need for stronger institutional accountability. This study examines the phenomenon of custodial violence in India and critically analyzes the role of the judiciary in safeguarding the rights of prisoners. The research explores the legal framework governing arrest, detention, and interrogation under statutes such as the Bharatiya Nyaya Sanhita and the Bharatiya Nagarik Suraksha Sanhita. Particular emphasis is placed on the judicial response to custodial abuse through landmark decisions delivered by the Supreme Court of India, especially the guidelines laid down in D.K. Basu v. State of West Bengal, which established procedural safeguards against arbitrary detention and custodial torture. The paper further discusses the causes, consequences, and challenges associated with custodial violence and evaluates the effectiveness of existing legal and institutional mechanisms. It concludes by emphasizing the need for judicial vigilance, stronger enforcement of legal safeguards, and comprehensive reforms in policing practices to ensure the protection of human dignity and the fundamental rights of prisoners within the criminal justice system.

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"Custodial Violence and Human Rights: Role of Judiciary in Protecting Prisoners Rights", JETNR - JOURNAL OF EMERGING TRENDS AND NOVEL RESEARCH (www.JETNR.org), ISSN:2984-9276, Vol.4, Issue 4, page no.d158-d164, April-2026, Available :https://rjpn.org/JETNR/papers/JETNR2604414.pdf

Volume 4 Issue 4, April-2026

Pages : d158-d164

Paper Reg. ID: JETNR_234180

Published Paper Id: JETNR2604414

Downloads: 00033

Research Area: Others area

Country: BHOPAL, MADHYA PRADESH, India

Published Paper PDF: https://rjpn.org/JETNR/papers/JETNR2604414

Published Paper URL: https://rjpn.org/JETNR/viewpaperforall?paper=JETNR2604414

ISSN: 2984-9276 | IMPACT FACTOR: 9.87 Calculated By Google Scholar | ESTD YEAR: 2023

An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 9.87 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

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