Abstract

Torture and violence have been common since ancient times. Torture is the deliberate infliction of cruelty by individuals in positions of power on others who lack power and are vulnerable. Custodial torture is torture that takes place in police stations, prisons, or under the authority of government institutions. These actions are a serious infringement of human rights and go against Article 21 of the Indian Constitution. This paper provides an in-depth examination of the legal framework of custodial violence. While the idea has not been clearly defined, different laws deal with the matters of custodial torture and sexual assault. Therefore, the judiciary has taken on the burden of defining this extensive phrase. This study analyzes the judiciary's approach to combating custodial violence by examining judicial rulings to determine the judiciary's position on these matters. The author concludes the analysis by recommending legislative measures that need to be promptly put into effect to address the deficiencies noted by the judiciary.

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