Protection from Torture and Custodial Violence in West Bengal
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 West Bengal differs from central law
Custodial violence is a criminal offence in India, and the landmark D.K. Basu v. State of West Bengal (1997) guidelines — which originated from this state — specifically address safeguards against torture and custodial death. The Supreme Court held that custodial violence is one of the worst crimes in a civilized society and violates Articles 21 and 22 of the Constitution.
Under the Bharatiya Nyaya Sanhita, 2023 (which replaced the IPC), police officers who cause grievous hurt or death in custody are liable for prosecution. The West Bengal Human Rights Commission and the National Human Rights Commission have jurisdiction to investigate custodial death cases. NHRC requires mandatory reporting of all custodial deaths within 24 hours.
The Calcutta High Court has taken a strong stance against custodial violence, ordering compensation for victims and directing prosecution of errant officers. West Bengal has a system of mandatory medical examination of arrested persons at the time of arrest and during detention, as required by the D.K. Basu guidelines.
Additional Steps in West Bengal
If you or someone you know has been subjected to custodial violence, file an FIR at another police station (not the same one where the violence occurred). File a complaint with the West Bengal Human Rights Commission at 033-24799633 and the NHRC at 1800-345-4321. Seek immediate medical examination and preserve medical records. File a habeas corpus petition in the Calcutta High Court if the person is still in custody. Contact WBSLSA for free legal aid at 15100.
Relevant Law: Bharatiya Nyaya Sanhita, 2023, Sections 115-118 (causing hurt by public servant); D.K. Basu v. State of West Bengal (1997) 1 SCC 416; Protection of Human Rights Act, 1993
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
- DelhiProtection from Torture and Custodial Violence
- KeralaProtection from Torture and Custodial Violence
- GujaratProtection from Torture and Custodial Violence