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Case Analysis: Nilabati Behera V. State Of Orissa (AIR 1993, SC 1960)




Anushree Hanchinal, CMR School of Legal Studies


INTRODUCTION


When those who are supposed to enforce the law take the law into their own hands in a democracy, it creates one of the most dangerous cocktails in the world. Every day in India, several citizens especially those who fall under weaker section and those who are poor become victim to this police custody violence that goes unnoticed, unreported and unheard most of the time, this is happening in India because there are no legislations that address the custodial violence1. According to the National Crime Records Bureau’s annual crime in India (CII) report, 76 custodial deaths in 2020. Hence on an average 98-100 die in police custody every year according to Asia Centre for Human Rights2

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

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