Discover BRAC

About BRAC How It Works Donate / Claim Articles Agreement Transparency Achievements BRAC Impact

BRAC Network

Board of Directors Members Volunteers Become a Member Join as a Volunteer Internship Program Partner With Us Careers

Services

Information & Tools

SOS Emergency Know Your Rights Free Tools by BRAC India Services Directory

BRAC Grants

Apply for Grants Track Grant Status

Petitions

Start a Petition View All Petitions

Lost & Found

Report an Incident Browse National Gallery

Report BRAC

Campaigns Forever Fund Contact

Start Fundraising Sign Up Login

Human Rights Violation

CUSTODIAL TORTURE

THE ABUSE OF POWER

When the protectors become the predators, justice dies in the dark. Custodial Torture is the infliction of pain by police or government officials to extract confessions, punish dissent, or extort money.

It happens behind locked doors, where the law is often suspended. But no uniform grants the right to break a human being. The Constitution guarantees dignity, even to the accused.

EXPOSE THE TRUTH →KNOW YOUR RIGHTS

Part 2: The Data

The Silent Cells

Based on NHRC Annual Reports & NCAT Data

2,544

Custodial Deaths

In 1 Year (NHRC 2021-22)

6/Day

Avg. Fatality Rate

Dying in Judicial/Police Custody

<1%

Conviction Rate

Massive Impunity

Highest Cases

Followed by West Bengal

The "Third Degree" Reality

Torture is often normalized as an "investigation tool." Methods include beatings, electric shocks, sleep deprivation, and worse. The victims are disproportionately from marginalized communities—Dalits, Tribals, and Muslims—who lack the social capital to fight back.

Forms of State Violence

Illegal Detention: Keeping suspects in custody without showing arrest, bypassing the 24-hour magistrate rule.
Physical Coercion: Using pain to force signatures on blank papers or false confessions.
Fake Encounters: Extrajudicial killings staged as "self-defense" to eliminate suspects without trial.

STATUS: DETAINED

The Cost of Impunity

Trust in PoliceCollapsed

Citizens fear reporting crimes to the police.

False ConvictionsHigh

Innocent people jailed based on forced confessions.

Rule of LawEroded

When the state breaks the law, chaos follows.

"Custodial torture is a calculated assault on human dignity. It turns the guardian of law into the violator of law."

Part 3: The Law

Bharatiya Nyaya Sanhita (BNS) 2023

Replacing IPC 330/348. Explicitly criminalizing forced confessions.

BNS Section 127

Torture for Confession

"Voluntarily causing hurt to extort confession, or to compel restoration of property." Applies specifically to public servants.

7 to 10 Years Jail

DK Basu Guidelines

Supreme Court Mandate

Police MUST wear name tags, prepare an Arrest Memo attested by a witness, and inform a family member immediately.

Mandatory Procedure

Rights of the Arrested

Right to Medical Exam (Section 54 CrPC)

Every arrested person has the right to be examined by a doctor every 48 hours to document any new injuries.

Right to Lawyer (Article 22)

The accused has the right to consult a legal practitioner of their choice during interrogation (though not throughout).

Magistrate Production (24 Hours)

Police CANNOT hold anyone for more than 24 hours without producing them before a Magistrate. Detention beyond this is illegal.

Part 4: The Barriers

Why Is Justice Denied?

Police Immunity

Section 197 CrPC requires government sanction to prosecute public servants. This sanction is rarely given, shielding officers.

Tampering

"He died of a heart attack." Post-mortem reports are often manipulated, and CCTV cameras in stations are conveniently "malfunctioning."

Intimidation

Families who complain are threatened with false cases (NDPS/Arms Act) to force them to withdraw complaints.

Slow Judiciary

Magisterial inquiries take years. By the time a verdict comes, evidence has vanished and witnesses have turned hostile.

Poverty

Victims cannot afford high-profile lawyers to fight against the state machinery.

YOUR ROLE

Know your rights. If police arrest someone, ask for the Arrest Memo. Record interactions safely.

Part 5: The Response

BRAC JUSTICE PROTOCOL

Holding power accountable through legal and social action.

1. Habeas Corpus

The writ of freedom.

• Immediate Filing: Moving the High Court if a person is detained >24 hours illegally.

• Production Order: Forcing police to bring the person to court.

2. Medical Documentation

Creating irrefutable evidence.

• Independent Doctors: Arranging checkups to document torture marks.

• Photography: Legally valid photographic evidence of injuries.

3. NHRC Intervention

Escalating to the Commission.

• Rapid Response: Filing urgent complaints with the Human Rights Commission.

• Investigation Teams: Requesting NHRC teams to visit the police station.

4. Compensation

State liability for abuse.

• Writ Petitions: Filing for monetary compensation for illegal detention/torture.

• Rehabilitation: Supporting the victim's recovery costs.

5. Legal Aid

Defense for the defenseless.

• Pro Bono Lawyers: Providing top criminal defense for false cases.

• Bail Applications: Fighting for the release of the accused.

ACTIVATE RIGHTS

Select your Impact Level.
Donations support verified beneficiaries and the systems that help ensure assistance is delivered safely, transparently, and effectively.

IMPACT LEVEL 1

₹2,500

Pays for an independent medical examination of a torture victim.

RECOMMENDED

IMPACT LEVEL 2

₹15,000

Funds a Habeas Corpus petition in the High Court for illegal detention.

IMPACT LEVEL 3

₹50,000

Sponsors a "Legal Literacy Camp" in a vulnerable Dalit village.

Tax Deductible under Section 80G.

Transparency: Ensured through donation receipts and periodic disclosures.

Frequently Asked Questions

Can police beat me during interrogation?

Absolutely not. Physical violence, torture, or "third-degree" methods are illegal under Indian law and violate Article 21 of the Constitution.

What if police refuse to let me call my family?

This is a violation of the DK Basu Guidelines. Police are legally required to inform a friend or relative about your arrest and location immediately.

How long can they hold me without court?

Maximum 24 hours. The police must produce every arrested person before the nearest Magistrate within 24 hours (excluding travel time). Detention beyond this is illegal.

Is my donation tax deductible?

Yes. BRAC is registered under Section 80G. You will receive a tax exemption certificate via email within 7 days.

Disclaimer: This content is for informational purposes only and is not legal advice. Laws may vary by location. BRAC is not responsible for errors, omissions, or consequences arising from its use. BRAC® is a registered trademark. Unauthorized commercial use is prohibited. For corrections or permissions, email info@brac.in