Protection from Torture and Custodial Violence in India

Researched by Ahmed Alsaedi, Founding Editor

Primary sources cited; not legal advice.

Source: Constitution of India, Article 21; D.K. Basu v. State of West Bengal, AIR 1997 SC 610; Bharatiya Nyaya Sanhita, 2023 (BNS), s. 117 (voluntarily causing hurt or grievous hurt to extort confession, equivalent of IPC ss. 330–331); United Nations Convention Against Torture (India signatory, not ratified)

Reviewed by the Commoner Law Editorial Team. Sourced from Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions. State-level information reflects each state's own Acts and High Court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

Indian Central Law

What is this right?

Custodial violence — physical or mental torture in police custody — is both unconstitutional and a criminal offence in India.

Article 21 has been read by the Supreme Court to include the right to be free from torture while in custody.
BNS s. 117 punishes any officer who voluntarily causes hurt or grievous hurt to extort a confession — up to 7 years for hurt, up to 10 years for grievous hurt, plus fine.
D.K. Basu safeguards: the arrested person must be medically examined on arrival at the station and again on request, and the medical record becomes its own evidence trail.
Custodial deaths trigger a mandatory magisterial inquiry and NHRC scrutiny.
The National Human Rights Commission (NHRC) and the State Human Rights Commissions (SHRCs) can investigate and recommend compensation and disciplinary action.

When does it apply?

You or a family member is being beaten, threatened or coerced in police custody.
Someone has died or been injured while in police custody.
Third-degree methods have been used to push a confession.

What to Do If Police in India Use Violence or Torture While You Are in Custody

Demand a medical examination immediately on arrest and again on arrival at the station. The record you create here is the foundation of any case later.
Tell your lawyer about every incident of violence. They can raise it at the next remand hearing.
File a complaint with the NHRC (nhrc.nic.in) or the relevant SHRC — they can recommend compensation and disciplinary action.
File an FIR against the officers under BNS s. 117 at the nearest police station. If local police refuse, take a written complaint directly to the nearest Judicial Magistrate — the magistrate can take cognizance and order an investigation.
Also lodge a complaint with the state police's Internal Affairs / Vigilance Cell and the State Police Complaints Authority.

What should you NOT do?

Don't delay. Bruises fade. See a doctor and report to authorities the moment you are out of custody.
Don't accept informal money from the police in exchange for silence — that gets used later to argue you settled.
Don't be afraid to go to the High Court if lower authorities sit on it. The court can order a CBI or independent probe.

State Law

Use the jurisdiction bar at the top of the page to pick your state — you'll see how state law differs from Indian central law.

8 states available

Common Questions

When does protection from torture and custodial violence apply?

You or a family member is being beaten, threatened or coerced in police custody.Someone has died or been injured while in police custody.Third-degree methods have been used to push a confession.

What should I do if I or a family member is subjected to violence by police in India while in custody?

Demand a medical examination immediately on arrest and again on arrival at the station. The record you create here is the foundation of any case later.Tell your lawyer about every incident of violence. They can raise it at the next remand hearing.File a complaint with the NHRC (nhrc.nic.in) or the relevant SHRC — they can recommend compensation and disciplinary action.File an FIR against the officers under BNS s. 117 at the nearest police station. If local police refuse, take a written complaint directly to the nearest Judicial Magistrate — the magistrate can take cognizance and order an inves...

What mistakes should I avoid with protection from torture and custodial violence?

Don't delay. Bruises fade. See a doctor and report to authorities the moment you are out of custody.Don't accept informal money from the police in exchange for silence — that gets used later to argue you settled.Don't be afraid to go to the High Court if lower authorities sit on it. The court can order a CBI or independent probe.

Protection from Torture and Custodial Violence in other states

Same topic, different jurisdiction. Pick the one that applies to you.