CUSTODIAL TORTURE AND HUMAN RIGHTS: ANALYZING INTERROGATION TACTICS AND JUDICIAL OVERSIGHT IN INDIA

Abstract

Custodial torture represents one of the most egregious violations of human rights, constitutional democracy, and the rule of law. Within the Indian criminal justice system, the phenomenon of police brutality, coercive interrogation tactics, and custodial deaths persists as a systemic challenge, exposing the friction between state sovereign investigative powers and individual constitutional guarantees. This comprehensive article analyzes the jurisprudence, institutional mechanisms, and legislative frameworks governing custodial torture in India, focusing exclusively on legal developments, judicial pronouncements, and empirical data . By examining landmark  Supreme Court rulings—including D.K. Basu v. State of West Bengal (1997), Nilabati Behera v. State of Orissa (1993), State of Maharashtra v. Natwarlal Damodardas Soni, and Selvi v. State of Karnataka (2010)—this study evaluates the efficacy of judicial guidelines, constitutional remedies, and statutory safeguards against police abuse. Furthermore, the paper addresses the historical failure of the Indian legislature to ratify the United Nations Convention Against Torture (UNCAT), the institutional inertia within police forces, forensic investigative deficits, and the absence of a dedicated anti-torture statute. Ultimately, the article argues that eradicating custodial torture requires moving beyond reactive judicial compensation toward proactive institutional accountability, mandatory independent oversight, rigorous CCTV surveillance in interrogation rooms, and a profound cultural transformation in policing ethics.