Protection from Torture and Custodial Violence in Delhi
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
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.
How Delhi differs from central law
Custodial violence by Delhi Police is a serious concern, and Delhi has multiple oversight mechanisms.
- Custodial torture is a violation of Article 21 of the Constitution. The Supreme Court in D.K. Basu v. State of West Bengal laid down mandatory guidelines to prevent custodial violence, which Delhi Police must follow.
- Delhi Police must conduct a medical examination of every arrested person at the time of arrest and at regular intervals during custody. The medical officer must document any injuries and report suspected torture.
- The National Human Rights Commission (NHRC), located in Delhi, requires that all cases of custodial death in Delhi Police custody be reported to the Commission within 24 hours. NHRC conducts independent inquiries and can recommend compensation and prosecution.
- The Delhi High Court has awarded significant compensation in cases of proven custodial violence and has directed departmental action against the officers involved.
- CCTV cameras in Delhi Police stations — mandated by the Delhi High Court and the Supreme Court — serve as a safeguard against custodial abuse. The footage must be preserved and can be produced as evidence.
- Complaints of custodial violence can be filed with the Delhi Police Internal Affairs Division, the Delhi Police Complaint Authority, the NHRC, or directly through a writ petition in the Delhi High Court.
Additional Steps in Delhi
If you or a family member faces custodial violence, immediately seek a medico-legal examination at any government hospital (AIIMS, Safdarjung, GTB, or any trauma centre). File a complaint with the NHRC (nhrc.nic.in), the Delhi Police Complaint Authority, and the concerned Magistrate. You can also file a writ petition for compensation in the Delhi High Court. Contact DSLSA at 1516 for legal aid.
Relevant Law: Constitution of India, Article 21; Bharatiya Nyaya Sanhita, 2023, ss. 115 (voluntarily causing hurt by public servant), 118 (grievous hurt); D.K. Basu v. State of West Bengal, AIR 1997 SC 610; NHRC guidelines on custodial death reporting
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.
- MaharashtraProtection from Torture and Custodial Violence
- Uttar PradeshProtection from Torture and Custodial Violence
- Tamil NaduProtection from Torture and Custodial Violence
- KarnatakaProtection from Torture and Custodial Violence
- West BengalProtection from Torture and Custodial Violence
- KeralaProtection from Torture and Custodial Violence
- GujaratProtection from Torture and Custodial Violence