Custodial Violence – A Blemish on the Judicial System of Largest Democracy of the World

Abstract

Abstract As lack of separate legislation in India, we have to depend on scattered provisions. The National Human Rights Commission (NHRC) took suo motu cognizance in 17 cases of alleged human rights violations reported by media during May, 2018 and issued notices to the concerned authorities for reports. Incitement of criminal offenses, court contempt, honor and harm, decency, morality, public order, national security, and India's sovereignty and integrity are among the grounds on which Article 19(2) permits restrictions. These restrictions, which aim to balance individual freedom with collective well-being, underscore the difficulty of media regulation. By recognizing the potential for abuse and considering the press as a safeguard for democracy, the authors of the Constitution have discovered a system that seeks to improve the balance. the media as aims to improve balance, recognizes the possibility of abuse, and serves as a safeguard for democracy. The extensive spectrum of Police brutality that occurred during the 1975–1977 emergency was noted by the Shah Commission (1978). Due to their lack of accountability to any public authority, the Commission brought the government's attention to the actions of the police during the emergency. The National Police Commission (1979–81), among other reports, carried out a comprehensive examination of the issues pertaining to police operations. conducted a thorough analysis of the problems surrounding police operations. The Commission noted in its initial report the reasons behind administrative torture in India.