Custodial crimes in police custody: causes, consequences and preventive measures

Abstract

The present study on “Custodial Crimes in Police Custody: Causes, Consequences and Preventive Measures” has captured spectrum of police custody process and custodial treatment of accused/suspects in police custody. The present study is important for several reasons. Firstly, the study has been carried out in the State of Uttar Pradesh which has been reporting highest number of incidents of police brutality at National Human Rights Commission (NHRC) during more than a decade. Secondly, most of the studies in the domain were undertaken in the country are based on information collected through secondary sources and have studied illegal detention, torture and ill-treatment, custodial deaths, custodial rapes and disappearances separately in different states. Thirdly, while custodial crimes have drawn attention of legislature, judiciary, media, NGOs and human rights commissions etc, a little attention has been given on the plights of victims of custodial crimes. It is pertinent to mention that higher judiciary through its creative interpretation has upheld rights of the victims of custodial crimes over the years, however, the incidents of custodial crimes in police custody are still continuing. Fourthly, establishment of National Human Rights Commission has added an additional mechanism for victims-poor & voiceless to get quick redressal, yet many cases of custodial crimes are not reported to it. In this context, a field based study was need of the hour. The present study is a modest attempt to explore causes, consequences and preventive measures in the context of District Muzaffarnagar of Uttar Pradesh State. Objectives: The present study aims to : 1. study nature and extent of custodial crimes in police custody; 2. analyze causes of custodial crimes in police custody; 3. understand consequences of custodial crimes in police custody; 4. examine critically preventive measures to combat custodial crimes; 5. assess the role of Human Rights Institutions and Civil Society Organizations in addressing issue of custodial crimes; and 6. suggest ways and means to control custodial crimes in police custody.