Protection from Torture and Custodial Violence
Written in plain language to promote general understanding. This is educational information, not legal advice. Based on Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions.
Indian Central Law
What is this right?
Custodial violence — physical or mental torture by police — is unconstitutional and criminal in India.
- Article 21 of the Constitution (right to life and personal liberty) has been interpreted by the Supreme Court to encompass the right to be free from torture in custody.
- BNS s. 117: A police officer who voluntarily causes hurt or grievous hurt to a person to extort a confession or information is punishable with up to 7 years (hurt) or 10 years (grievous hurt) of imprisonment, plus fine.
- D.K. Basu Guidelines (mandatory, now partly reflected in BNSS): Police must allow a medical examination of the arrested person upon request; the arrested person must be examined by a medical officer on arrival at a police station.
- Deaths in police custody are subject to mandatory magisterial inquiry and NHRC scrutiny.
- The National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) have jurisdiction to investigate and award compensation for custodial violence.
When does it apply?
- You or a family member is in police custody and has been subjected to physical violence, threats, or mental coercion.
- A person dies or sustains injuries while in police custody.
- You have been subjected to third-degree methods to extract a confession.
What should you do?
- Demand a medical examination immediately upon arrest and after being brought to the police station — this is your statutory right and creates an evidence record.
- Tell your lawyer about every incident of violence — the lawyer can raise it before the magistrate during the next remand hearing.
- File a complaint with the NHRC (nhrc.nic.in) or the relevant SHRC — they can recommend compensation and disciplinary action against the officer.
- File a First Information Report (FIR) against the concerned police officers under BNS s. 117 at the nearest police station — if the local police refuse to register the FIR, you can file a written complaint directly before the nearest Judicial Magistrate, who can take cognizance and direct the police to investigate.
- File a complaint before the Internal Affairs / Vigilance Cell of the state police and the Independent Police Complaints Authority (state level).
What should you NOT do?
- Do not delay reporting — bruises and injuries fade; report to a doctor and to authorities immediately after release from custody.
- Do not accept informal compensation from police in exchange for silence — accepting money may be used to argue you have settled the matter.
- Do not hesitate to approach the High Court for a writ if lower authorities fail to act — the court can order a CBI or independent investigation.
Legal Resources
We may earn a commission if you use these services — at no extra cost to you. This supports our mission to make legal information free for everyone.
LawDepotCreate, edit, and print legal documents in minutes. Lawyer-reviewed templates for every situation.Create Legal Documents →LegalNatureAttorney-drafted legal documents customized to your state. Create, download, and print in minutes.Create Documents →LegalZoomAffordable legal documents and attorney consultations. File complaints, demand letters, and more.Visit LegalZoom →