“Role of Judiciary in Tracking the Custodial Torture

Author(s)	Ms. RISHIKA MISHRA
Country	India
Abstract	Custodial torture remains a serious violation of human rights despite constitutional safeguards under Articles 20, 21, and 22 of the Constitution of India. The research analyzes the causes, forms, and legal implications of custodial violence and evaluates the effectiveness of judicial interventions in safeguarding the rights of detainees. Particular emphasis is placed on landmark Supreme Court decisions such as D.K. Basu v. State of West Bengal and Nilabati Behera v. State of Orissa, which established important safeguards against custodial abuse and recognized state liability for violations of fundamental rights. The study also examines the provisions of the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023, in relation to the prevention and prosecution of custodial torture.
Field	Sociology > Administration / Law / Management
Published In	Volume 8, Issue 3, May-June 2026
Published On	2026-06-10

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