Protection from Torture and Custodial Violence in Maharashtra
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 Maharashtra differs from central law
Maharashtra has a documented history of custodial violence and encounter killings. The Bombay High Court and the Supreme Court have issued multiple directives to Maharashtra Police regarding safeguards against custodial torture and deaths. Following the Supreme Court's guidelines in Prakash Singh v. Union of India (2006), Maharashtra established a Police Complaints Authority to receive and investigate complaints of police misconduct.
The Maharashtra State Human Rights Commission (MSHRC) is empowered to investigate complaints of custodial violence. The Maharashtra Police Act, 1951 provides for disciplinary action against police officers found guilty of torture or violence. Every custodial death in Maharashtra must be reported to the NHRC within 24 hours and to the MSHRC. Post-mortem and magisterial inquiry are mandatory in all custodial death cases.
Following the Bombay High Court's directions, Maharashtra Police adopted CCTV installation in all police stations to prevent custodial violence. Any complaint of custodial torture or death can also be investigated under the newly enacted Bharatiya Nyaya Sanhita, 2023 (replacing IPC), which criminalizes hurt by public servants to extract confessions.
Additional Steps in Maharashtra
Report custodial violence to the Maharashtra State Human Rights Commission at mshrc.maharashtra.gov.in or phone 022-22632826. Also file a complaint with the NHRC at 011-24663333. File an FIR at a different police station. For immediate medical attention, go to the nearest government hospital and obtain a medico-legal certificate (MLC). Contact MSLSA for free legal representation.
Relevant Law: Bharatiya Nyaya Sanhita, 2023, Section 118 (hurt by public servant); Maharashtra Police Act, 1951; Protection of Human Rights Act, 1993, Section 12
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.
- 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
- DelhiProtection from Torture and Custodial Violence
- KeralaProtection from Torture and Custodial Violence
- GujaratProtection from Torture and Custodial Violence