FROM JUDICIAL TO LEGISLATIVE MEASURES TAKEN TO PREVENT CUSTODIAL VIOLENCE

Abstract

The different forms of torture that a person who is in jail, police custody, or court custody experiences for a variety of reasons is referred to as "custodial violence." The goal of the current investigation is to identify the source. the different factors that contribute to custody abuse and the remedies available for this serious injustice prevented. Custodial violence appears to be a severe issue in emerging nations like India since the majority of People still don't know much about the several laws that safeguard their fundamental human rights. Despite the fact that the National Human Rights Commission's formation has established a framework wherein can be readily acquired by the impoverished and defenceless victims, yet many cases of custodial violence Due to ignorance, there have been no reports of violence. Police violence against suspects, those under investigation, and people who have been convicted has been rising at an alarming rate, despite expectations that law enforcement organisations will uphold law and order and defend people's rights. Even though these victims are protected by several international agreements, constitutional protections, and legislative restrictions, their inhumane treatment continues. In this situation, a research that aims to educate the general public on the legal options open to victims of custodial abuse is urgently needed. This research aims to gather data and attempt to estimate the total amount of crime in the nation while also doing a doctrinal analysis of various examples of custodial brutality in India.