Vaishnavi Gupta, Symbiosis Law School, Hyderabad
“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in spirit of brotherhood.”
Custodial torture is the problem which is there from time immemorial in India, even when the people are there in custody for petty offences, they are locked up into the torture chambers by the masters and were given harsh punishment. It“has become so common nowadays, that not only the police system but even the people take it for granted as routine police of interrogation. Custodial torture and death are the worst form of human rights violation and has become a very serious problem.” There are numerous reasons for the rise in custodial deaths. One of the main reasons is police system which is highly politicised and are controlled by the political parties when they are in power. The police force is not sufficient in numbers, not well equipped and highly-stressed by the external forces by the political parties. The failure of the justice system is also the reason for this problem. “It has already been held in catena of judgements that just because the person is in the custody of police or has been detained that does not mean he has lost his basic fundamental rights; this act should not deprive of his fundamental rights and violation of the rights that are empowered to all the citizens.” The UNCAT deals with the prevention of torture, and it explains the initiatives that are taken by the government of India and NHRC in drafting a legislation related to prevention of torture. This paper intends to analyse the heinous practice of custodial torture and death, and intends to analyse the suggestions provided by the international instruments and initiatives undertaken by the Government of India.
The practice of torture is being conducted in India since the ancient time, by the kings, then later by the police officials under the British rule, and is still carried on in today’s independent India. This research paper aims to throw some lights on the horrible crime, “torture” which is practiced by the police on the suspects who is innocent until proven guilty also has the basic fundamental rights which is being violated by the police system while the process of interrogation. This practice also hampers the judicial procedure as it not only violates the human rights but also subjects the suspected criminals to trauma and in numerous cases it leads to the death of the person.
1. Custodial Torture in Law and Practice with reference to India, by R.S. Saini[1]
In this paper the author has discussed about the violation of the human rights of the suspected criminals. This paper also talks about that the custodial torture is not only limited to the people like terrorists or dacoits but also practiced on the person who is suspected for the petty offences. But the question lies here is whether the police has the right to torture them in this way that also leads to death.
2. Police Custodial Death: A Growing Abuse to Human Rights in India, by N.S. Kamboj[2]
The author in this paper has discussed about the custodial death in relation to human rights. The paper has discussed about the administrative and judicial action taken for custodial death and torture.
3. The Role of the Judiciary in protecting the prisoner’s Rights, by Dr. K Eswar Reddy[3]
In this paper, the author has given an overview on obligation of the judiciary that it has a role to protect the human rights of the citizens. The rights of the prisoners’ has been the important thing in the agenda for the prison reforms. The author has discussed about various rights of the prisoners’ such as right against inhuman treatment of prisoners, right to speedy trials, and many more.
4. Custodial Death in India – An Analysis, by Shree Baidyanath Mukherjee and Jayshree Mishra[4]
The authors in this paper has analysed various guidelines provided by the courts and award of compensation to the victim though the Indian Constitution does not expressly provides for the right of compensation unlike the other legal system. The author has discussed about custodial torture and how it has become a very serious and alarming problem worldwide.
5. Custodial Death: The Legal Murder, by Afrin Kalwatar[5]
In this paper the author has discussed about the rise in cases of custodial torture and death and discussed the repercussion of the torture mentally. And the paper also deals with the impacts of the custodial viciousness and role of law.
6. Custodial Death- Violation of Human Rights, by Mom Banerjee[6]
In this paper the author has given a closure look of custodial torture and death. The author has analysed the data of custodial death, that how many number of cases has been reported till date. It has been analysed through numerous judgements on custodial death.
7. Custodial Death: An abuse of Human Rights, by Meenakshi Sharma[7]
In this paper the author has briefly discussed about concept of custodial death and reasons for the same. The author has also discussed the landmark judgements and the preventive measures has been outlined.
8. Deaths in police custody: Whom and why do the police kill?, by K Bal Gopal[8]
In this article the author has discussed about the death that occur in police custody and the resons behind it. The author has dealt with main question that is why do the police kill in their custody and to whom?
9. Custodial deaths to extra-judicial killing: the staged encounter of rule of law, by Shiv Shung Thakur[9]
The author in this paper has given an overview on custodial death and extra judicial killings relating to landmark judgements. These acts which are conducted have an adverse effect on the judicial system as well as the law enforcement.
10. Custodial torture in police station in India: A radical assessment, by Nirmal Arora[10]
This article provides a study of various aspects of custodial torture in police station with some basic problem which create dilemma in the Indian Police system. The author has explained the police system in a brief manner and discussed their power, and how they misuse it.
11. Deaths in Police Custody: Some anatomical consideration, by K Bal Gopal[11]
In this article the author has discussed the custodial death and the author ahs analuysed thre most important aspects of their anatomy that the case with which the police kill, the variety in lies they invent to explain the killing and the most important is that the unbreachable solidarity with which the entire machinery support police system.
12. The Protection of Universal Human rights: The problem of Torture, by Mathew Lippman[12]
The author in this article has discussed the international human right instruments, and explained the concept of torture and how to prevent it. The author has analysed the universal human rights against torture, techniques of torture given to the torturer and what is the impact of torture on the torturer.
1. How the custodial torture and death leads to violate the human rights of the person in custody?
2. What are the reasons and situation of custodial torture and death in the country?
3. What are the safeguards provided by the International Instruments and Indian Government to prevent the legal murder?
1. Intends to analyse the reasons behind the custodial torture and deaths
2. To draw some light on the concept of custodial torture in contravention with the human rights
3. To discuss the laws which protect the rights of a person who is under police custody
This research paper deals with the qualitative research on custodial death and torture where it explains the concept, analysis and the case studies related to it. This paper will analyse the reasons on the given data and case studies. This will explore the reasons for high rise in the cases of custodial death and torture. Through this, the paper will study the concept of custodial torture and how it is infringing the human rights of the victims of the custodial torture. It will then look into the safeguard measures that are provided by the International Instruments and Government of India to prevent this heinous act of the police system. It will also discuss the role of judiciary in the matter of violation of human rights of the accused.
As the paper extent its research to qualitative, the quantitative research has not been covered in this paper which includes the statistical presentation on the present data of custodial death and torture in India.
There are two methods for conducting research work, doctrinal method and non-doctrinal method of study. The methodology of this research work can be described as ‘doctrinal’. Doctrinal method of study is done by analysing the materials which are available in the library; it is described as ‘research into the law and legal concepts’. “Whereas non doctrinal research requires field work for the research work. Doctrinal method of study is found to be suitable for this research work since it involves theoretical analysis of various issues.” Thus, this project researches the law by analysing the legal decisions and legal instruments, such as statutes and judicial decision making in order to identify legal and ethical practice and principles and to draw a conclusion.
There are two kinds of sources of data, primary and secondary. Primary data are which includes judicial decisions, constitution, and legislation of various nations. Whereas the secondary sources are the books, thesis, articles and various national and international journals available on the internet. This research work in based on both sources of data as the study has been done from the legislations, judicial decisions and from books, articles and journals.
“Torture is wound in the soul, and it is so painful that at times you can almost touch the pain but the pain is so intangible that you cannot heal it in any way. Torture is anguish squeezing in your chest, it is cold as ice and as heavy as a stone. Torture is despair and fear and hate. It is kind of desire to kill and destroy including yourself.”[13]
In the case of D.K. Basu v. State of W.B.,[14]the Supreme Court has used these words of Adriana P. Bartow to highlight the detriment torture, which can cause to the body and mind. Custodial torture has been called as vice worse than the terrorism by Justice V.R. Krishnan Iyer as it is sanctioned by the State and which makes it reprehensible and smut on the principle of the rule of law in India. Subjugation to the torture hit the basic right of the individual that is right to life and dignity. The commission which is set up by the Law Ministry is the National Commission to Review the Working of the Constitution (NCRWC), 2002. This commission specifically recommends for the prohibition of the torture, cruelty, any inhumane treatment or punishment, as any addition to the fundamental right as Article 21(2) on the basis of any pronouncement, laid in various judgement of the Supreme Court in recognition of the torture in the constitutional jurisprudence of India.
This problem of custodial torture is from time immemorial in India, that when the people were into the custody even for any petty offences, they were locked up into the torture chambers by the masters and were given harsh punishment. This practice of the colonial era has been adopted by the law enforcement authority of India as an inevitable part of the investigation. There can be various reasons to torture the person, who is in the custody, they can be admitting the crime or taking confession of the accused, or while proving the accused guilty. The reasons for which the cruelty touches the abyss are when it is done for the refusal of the bribe or when done on personal grudges and at times to show their authority and power which they possesses. These people who all are involved in this matter are the one who is responsible for the protection of the citizens from any evil forces or from any crime. This act of inhumane treatment or cruelty which is done by the police officer puts a question mark on the system and the credibility of the justice dispensation and it also hit the trust of the citizens of the country on the police system that forms peace and harmony of the country.
In the case of Arvinder Singh Bagga v. State of U.P.[15], the court said that torture is not only physical but there may be mental torture to the arrested person and also psychological torture which is done to create fear inside the person through this they extort confessions. A committee was drafted that is Select Committee draft of 2010 to make the Prevention of Torture Bill in more accordance to the rules of UNCAT. Article 1 defines the term torture. The committee which was drafted recommended that the ambit of definition of the torture should expanded, it should not only include physical torture but also include mental and emotional torture, any discrimination whatsoever should be mentioned as purposes of the torture. The definition of torture shall include the mental torture as well as the agony and tension faced by the person that arises due to the fear or pressure. Due to this the person may have heinous effect on his mental health and the person doing this immoral act may walk out without any loss. It has been noted by the 273rd Law Commission Report that infringement of the human rights of the relatives of the victims for disappearing them and murder in the form of the agony and pain caused to the family member of the victim.
India is a signatory to the UN Conventions Against Torture since 1997. However, it is yet to ratify the provisions of this Convention by enacting a domestic legislation to bring these international principles into the domestic perspective. A domestic legislation is necessary as India is a dualist country and as long as a law for this nation is not enacted, the Convention would remain a dead letter. However, it is not to say that there have been no efforts to stop torture and inhumane ill treatment of prisoners. The very first effort from the side of the administration was when the Janata Party, then in power in Karnataka, passed a bill to criminalize torture and inhuman treatment. Even though the bill was barely moved by an MLC of the party, the Janata Pary treated it as an unofficial bill. The object of the bill was to bring changes to Section 41 of the CrPC which would have brought more safeguards and rights for the arrested person. However, pressure from the local police bosses, the bill was panned by the State Government. The contentions from the police was that if extreme methods are not applied, they would not be able to exact obedience and extract evidence from the suspects.[16] Torture is a criminal act recognized under Section 330 and 331 of the IPC. However, the police who commit such crimes are ironically saved by the law itself. No prosecution proceedings against the guilty officer can be launched without the permission of the police authorities themselves. Most of the times, a superficial departmental inquiry is all that is done to the guilty police officer. Even when magisterial inquiries are instituted against the officer, most of the times such inquiry is conducted by the executive magistrate and not a judicial magistrate. Hence, there are more loopholes that seem to have been engineered in the statute to allow the police officers to go scot free.
However, the Supreme Court has talked harshly about the conditions of the prisoners in prison and the way they are tortured and ill-treated under the guise of “extraction of information”. The court had issued certain directives to the states in the famous judgement it had rendered in D.K Basu v. State of West Bengal[17]along with K. Johri v. State of Uttar Pradesh. It had asked the police authorities as to how far their directives had been implemented. It is imperative to revisit this case again. The executive chairman of the State Legal Services, West Bengal sent a letter to the Chief Justice of India and brought to his notice towards various custodial killings and deaths in lock ups. The Court treated this letter as a writ petition and clubbed a similar petition by K. Johri regarding a same situation in Uttar Pradesh. The Court recalled the 113th Law Commission Report and its suggestion to insert 114B of the Evidence Act which placed the onus and burden of proof on the police to prove their case in instances of custodial deaths.
The Court held that the safeguards extend throughout Articles 21 and 22(1) of the Constitution. It can be inferred from the above observation that even arrested persons possess some if not all fundamental rights. Hence, these guidelines need to be strictly followed.
The present situation does not bode well for the policy makers and the legislators of our country. The statistics of people under torture and the number of custodial deaths is alarmingly high. According to Amnesty International Report on the State of Human Rights in India[18] between 2017 and 2018, there had been 894 deaths in the judicial custody and 74 deaths in police custody that has been recorded. In the month of February, “a Union Minister had made a statement that she had ordered rape suspects to be tortured while in her tenure as Chief Minister of Madhya Pradesh. In August, Manjula Shetye, a female inmate of the Byculla jail in Mumbai, died after she was allegedly beaten and sexually assaulted for complaining about the bad food in prison. The worrying thing is that it was allegedly done by the prison officials itself. A team of parliament officials visited the Byculla prison reported that the prisoners there were frequently beaten. In November, a committee set up by the Delhi High Court stated that about 18 inmates of the Tihar jail in New Delhi had been beaten after they complained about the confiscation of pillows. In September, during the process of the UPR process of India before the UN, the government conceded that it was yet to completely ratify the UN Convention against Torture, to which it was a signatory since 1997.” The Law Commission had released a report in October, highlighting the need to bring out a legislation to ratify the UN Convention against Torture and criminalize the offence.
The ill fated and unfortunate parading of an innocent Kashmiri civilian atop a military vehicle painted a clear picture of the state of affairs in India regarding torture and brazen violations of human rights. The Asian Centre For Human Rights (ACHR) is an organization that has been busy in collecting frequent information about blatant and rampant abuse of prisoners and civilians alike. The brutish treatment meted out by the law enforcement agencies are quite well documented. News of secret detention centers, hundreds of “unnatural deaths” in judicial custody and abuse of detained citizens have trickled out into the international community.[19]
The 2015-16 Annual Report brought out by the organization reads thus:
“The country continues to be in the grips of custodial torture and it is still rampant in various parts of the country. It is one of the most brazen and worst excesses of public servants in exercise of their ‘supposed’ authority.”[20]
In the 10 months between September 2017 to June 2018, the news reports point that there have been 122 incidents of custodial torture which have led to 30 deaths. In several of these cases, there were more than one victim.
Sometimes, third degree torture is meted out to people coming from the lower strata’s of the society.
One of the leaders of the GJM (Gorkha Janmukti Morcha), Barun Bhujel died in prison after he was beaten up brutally and subsequently denied medical treatment.
The report goes on to say this:
“The government can keep denying the state’s role in enabling torture practices, one should not be alarmed by the distrust of foreign courts towards the prison conditions in India and the insistence of various countries on India during UPR procedure over the past 12 years to enact mechanisms for torture prevention.”
There are various International Human Rights which provides for the protection of the citizens from the physical or mental torture, this right to freedom from torture has been registered in the international human rights. Article 3 “(No one shall be subjected to torture or to inhuman or degrading treatment or punishment)” of the European Convention on Human Rights says that torture or any harsh punishment should not be given to the person and no inhumane treatment should be subjected on that person. Article 7 “(Crimes against humanity)” and 8 “(War Crimes)” of the Rome Statute of the International Criminal Court, 1998 says that under criminal law torture includes “war against crime” and “war crimes”. The crux of the prohibition law of torture to the life and dignity of the citizens has achieved the status of the peremptory norm in the international law. The peremptory norm is the basic principle of the international law in which no further derogation is permitted and is accepted by the community as it is. This prohibition law of the torture is absolute one and cannot be changed or reduced even in the case of emergency situations.
1. CONSTITUTION OF INDIA
Article 22[21] of Indian Constitution, provides four rights for the person who is arrested. The arrested person should be informed about the grounds on which the person is arrested, he should made available to the advocates and the arrested person should be presented before Magistrate within 24 hours arrest made. Article 22 also provides for the preventive detention, mainly to protect the arrested person from the cruelty, inhumane treatment or harsh punishment given in the custody. Article 20[22] talks about the protection of the accused person from self incrimination. Right against torture is included in the Article 21[23] of the Indian constitution obtains to ensure citizens for the dignified life.
Section 49[24] of the CrPC, provides that only the appropriate amount of restrain should be subjected to the arrested person and not more than the necessary amount of the restrain to prevent the escape of the accused. Section 46[25] of the CrPC, forbids causing death of the arrested person who is not proved guilty of any offence and making that person punishable or giving him life imprisonment. Section 54[26]of the CrPC, lays out for the medical examination of the arrested persons when the person alleges of torture or cruelty while being in the custody. In that case the Magistrate is responsible to examine the body of the person and also the place where it has happened. Under Section 482[27] of the CrPC, it gives High Court to intervene in the case where the procedure which is prescribed is not followed by the Magistrate. Under Section 176[28] of the CrPC, the Magistrate is made to enquire in the case of death under the police custody.
3. POLICE ACT, 1861
Dismissal of the police officials, penalty or the suspension of the police officer, those who misuse their power or act negligently is provided under Section 7[29] and 29[30]of the Police Act, 1861. Both the sections include any contravention of the statutory duties or violation of the guidelines of the conduct of the prisoners.
4. INDIAN PENAL CODE, 1860
The punishments are given under Section 330[31] and 331[32] for the act where the arrested person is voluntarily hurt in the process and taking confession of the arrested person forcefully to extract the information. Section 342[33] provides that this section gives penalty to the person whosoever confine or arrest the person wrongfully and extract any information or compel them for the restoration of the property.
CHAPTER 5
1. 113th LAW COMMISSION REPORT
In this Law Commission Report it was recommended to amend the India Evidence Act, 1872 by inserting Section 114-B to the Act. This section lays out that in the case injuries caused in the custody and if there is evidence for the same then the court may believe that the injuries are caused in the police custody by the police. The burden lies on the police officer to prove the opposite.
2. 152nd LAW COMMISSION REPORT
This Law Commission Report noted that all the statutory provisions which deals with torture and Articles 20, 21 and 22 of the Indian Constitution must be observed obligatorily and there should be no alteration in any circumstances under it. This commission also recommended to amend CrPC by inserting new Section 41(1-A), this section in inserted to record the reasons for arresting the person, furthermore, a new Section 50-A was inserted; this was added in addition to inform the relative about the arrest.
3. THE 177th LAW COMMISSION REPORT
This Law Commission Report recommended to insert a new section to CrPC, that is Section 55-A which lays out the duty of the officer to be responsible for the person arrested and should take care of the accused person.
4. 185th LAW COMMISSION REPORT
This Law Commission noted that the evidence which are ocular in nature is rare in the case of custodial death. So, the court should keep this mind and upon that show an “exaggerated adherence to the principle of proof beyond reasonable doubt.”
5. 268th LAW COMMISSION REPORT
This Law Commission Report suggested to insert a new section that is Section 41(1-A) and to amend Section 41-B of CrPC for the requiring of the police officer to become familiar with rights of the person who is arrested and for the more liberal process of bail. This report also suggest for the punishment given for the torture shall be more strict in nature and should extend to the life imprisonment. The compensation awarded by the court should be given in respect to the socio-economic background of the victim that he should be capable to bear that expense.[34]
The Report of National Crime Record Bureau, 2016 (NCRB) made acquaintance with an alarming situation of deaths of prisoners and disappearance of the prisoners from the police custody. Alone in 2016, 92 deaths and disappearance of the prisoners from the police custody were reported. The charge sheet was filed only against 10 police officers. Out of which 40 deaths were labeled as suicidal case.[35] The data which is provided by the NCRB shows that there is negligence on the part of the administration towards the prisoner’s well-being. Through this report it has been drawn that 2836 cases were filed against the police officers in 2016, and out of which only 61 cases were tried before the court and only 21 police officers were convicted for the offence.[36]Such practices find no place in a world which is slowly moving towards a more sensitive perspective of preserving human rights and abolishing such practices. It is high time that India finally acknowledges that it is not doing enough to lower the number of deaths that have occurred due to custodial torture. The enactment of the anti-torture legislation, a review of the existing policy and principles followed by the police administration followed by a subsequent review of the entire police structure and their practices and the need to incorporate the international principles and practices to curb these colonial practices is the need of the hour.
[1] R.S. Saini, CUSTODIAL TORTURE IN LAW AND PRACTICE WITH REFERENCE TO INDIA, 36 Journal of the Indian Law Institute 166–192 (1994), https://www.jstor.org/stable/43951530 (last visited Mar 5, 2022). [2] N.S. Kamboj, POLICE CUSTODIAL DEATH: A GROWING ABUSE TO HUMAN RIGHTS IN INDIA, 36 Journal of the Indian Law Institute 372–377 (1994), https://www.jstor.org/stable/43952351 (last visited Mar 5, 2022). [3] Dr. K Eswar Reddy, The Role of the Judiciary in Protecting the Prisoners’ Rights, 23 IOSR Journal Of Humanities And Social Science (IOSR-JHSS) 35–39, https://www.iosrjournals.org/iosr-jhss/papers/Vol.%2023%20Issue5/Version-5/F2305053539.pdf. [4] Shree Baidyanath Mukherjee & Jayshree Mishra, CUSTODIAL DEATH IN INDIA-AN ANALYSIS, 7 7 (2020). [5] Afrin Kalwatar, Custodial Death: The Legal Murder, 3 INTERNATIONAL JOURNAL OF LAW MANAGEMENT & HUMANITIES 9. [6] Mom Banerjee, CUSTODIAL DEATH – VIOLATION OF HUMAN RIGHTS, 7 16. [7] VAIDHA, Custodial Death: An Abuse of Human Rights, VAIDHA (2020), https://www.vaidhalegal.com/post/custodial-death-an-abuse-of-human-rights (last visited Mar 5, 2022). [8] Deaths in Police Custody: Whom and Why Do the Police Kill? on JSTOR, , https://www.jstor.org/stable/4376349?Search=yes&resultItemClick=true&searchText=custodial+torture&searchUri=%2Faction%2FdoBasicSearch%3FQuery%3Dcustodial%2Btorture%2B%26so%3Drel&ab_segments=0%2Fbasic_search_gsv2%2Fcontrol&refreqid=fastly-default%3Ae132f029db9a308515930b9673e12365&seq=1#metadata_info_tab_contents (last visited Mar 5, 2022). [9] Admin, Custodial Deaths to Extra-Judicial Killings: The Staged Encounter of Rule of Law, CrLRR (2020), https://crlreview.in/custodial-deaths-extra-judicial-killings-encounter-of-rule-of-law/ (last visited Mar 5, 2022). [10] Nirman Arora, CUSTODIAL TORTURE IN POLICE STATIONS IN INDIA: A RADICAL ASSESSMENT, 41 Journal of the Indian Law Institute 513–529 (1999), https://www.jstor.org/stable/43953348 (last visited Mar 5, 2022). [11] K. Balagopal, Deaths in Police Custody: Some Anatomical Considerations, 21 Economic and Political Weekly 1924–1926 (1986), https://www.jstor.org/stable/4376291 (last visited Mar 5, 2022). [12] Matthew Lippman, The Protection of Universal Human Rights: The Problem of Torture, 1 Universal Human Rights 25–55 (1979), https://www.jstor.org/stable/761784 (last visited Mar 5, 2022). [13]Adriana P. Bartow [14] D.K. Basu v. State of W.B., (1997) 1 SCC 416 [15] Arvinder Singh Bagga v. State of U.P., AIR 1995 SC 117 [16]LOCK-UP KILLINGS, Economic and Political Weekly, 26, 1940–1941 (1991), [17] Supra 2 [18]THE STATE OF THE WORLD’S HUMAN RIGHTS 2017/18: INDIA, AMNESTY INTERNATIONAL INDIA , https://amnesty.org.in/publications/amnesty-international-report-2017-2018-india/ [19]PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS, CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL RIGHTS, INCLUDING THE RIGHT TO DEVELOPMENT, , https://primarysources.brillonline.com/browse/human-rights-documents-online/promotion-and-protection-of-all-human-rights-civil-political-economic-social-and-cultural-rights-including-the-right-to-development;hrdhrd99702016149 [20]INDIA’S SILENT ACCEPTANCE OF TORTURE HAS MADE IT A “PUBLIC SECRET,” Economic and Political Weekly 7–8 (2015), https://www.epw.in/engage/article/indias-silent-acceptance-torture-has [21] INDIAN CONST. art 22. “Protection against arrest and detention in certain cases” [22] INDIAN CONST. art 20. “No person accused of any offences shall be compelled to be a witness against himself” [23] INDIAN CONST. art 21. “Protection of life and personal liberty, No person shall be deprived of his life or personal liberty except according to procedure established by law”. [24] Code of Criminal Procedure, 1973, Section 49. “No unnecessary restraint. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.” [25] Code of Criminal Procedure, 1973, Section 46. “Arrest how made” [26] Code of Criminal Procedure, 1973, Section 54. “Examination of the arrested person by the medical practitioner at the request of the arrested person” [27] Code of Criminal Procedure, 1973, Section 482. “Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.” [28] Code of Criminal Procedure, 1973, Section 176. “Inquiry by Magistrate in the cause of death” [29] Police Act, 1861, Section 7. “Appointment, dismissal, etc. of inferior officers” [30] Police Act, 1861, Section 29. “penalty for neglect of duty” [31] Indian Penal Code, 1860 Section 330. “Voluntarily causing hurt to extort confession, or to compel restoration of property” [32] Indian Penal Code, 1860 Section 331“Voluntarily causing grievous hurt to extort confession or to compel restoration of property” [33] Indian Penal Code, 1860 Section 342. “Punishment for wrongful confinement.—Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.” [34] Supra 3 [35]National Crime Record Bureau, Report on Crime in India – Statistics (2016) [36] Ibid
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