LAW RESOURCE INDIA

Legislation to Avoid Custodial deaths

Legislation to avoid Custodial deaths


17:33 IST
The number of custodial deaths reported to the National Human Rights Commission during the last three years are as follows:

Year                            Custodial deaths

2007-2008                               2267

2008-2009                               1943

2009-2010                               1794

The State-wise details are as under :-

Sl. No. NAME OF STATE & UTs YEAR
2007-08 2008-09 2009-10
1. ANDAMAN & NICOBAR 0 1 0
2. ANDHRA PRADESH 143 149 116
3. ARUNACHAL PRADESH 1 3 1
4. ASSAM 31 38 21
5. BIHAR 231 142 142
6. CHANDIGARH 2 5 3
7. CHHATISGARH 48 42 44
8. DADAR & NAGAR HAVELI 1 1 0
9. DELHI 63 44 43
10. GOA 0 2 1
11. GUJARAT 71 97 68
12. HARYANA 69 60 45
13. HIMACHAL PRADESH 4 7 6
14. JAMMU & KASHMIR 8 1 4
15. JHARKHAND 81 63 80
16. KARNATAKA 82 77 35
17. KERALA 62 45 50
18. MADHYA PRADESH 108 93 96
19. MAHARASHTRA 384 270 223
20. MEGHALAYA 3 4 3
21. NAGALAND 2 3 2
22. ORISSA 57 58 48
23. PONDICHERRY 2 2 2
24. PUNJAB 112 78 112
25. RAJASTHAN 59 64 84
26. SIKKIM 2 0 2
27. TAMIL NADU 111 80 77
28. TRIPURA 5 8 2
29. UTTAR PRADESH 356 330 364
30. UTTARAKHAND 20 14 16
31. WEST BENGAL 149 162 104

TOTAL

2267 1943 1794

A Bill titled “The Prevention of Torture Bill, 2010” has been introduced in Lok Sabha on 26/4/2010. The Bill, inter alia, provides for  punishment to those involved in the incident of torture and specifies the time limit for taking cognizance of the offence of torture. The bill would act as a deterrent for Public Servants from indulging in custodial deaths and abuse of power by police authorities.   This was stated  by the Minister of State in the Ministry of Home Affairs, Shri Ajay Maken in written reply to a question  in the Rajya Sabha  today.

5 Responses

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  1. manzoor said, on May 10, 2010 at 19:00

    Sir,
    Atleast in relation to jammu and kashmir the figures mentioned are far far from actual deaths in custody

  2. Venkatesh P. Dalwai said, on May 10, 2010 at 21:53

    Its long awaited legislation to check police brutality. But we need to keep in mind the methods of questioning by police by truth serom is curtailed by SC recently before enforcing new law. We need to have some necessary evils in place considaring rights of victim for speedy redressal on par with anti-torture protection to criminals.

  3. Venkatesh P. Dalwai said, on May 10, 2010 at 22:01

    Its very difficult for police to get initial leads in investigation where offence is exclusively within knowledge of accused & any delay in non-cooperation by accused would result in disappreance of vital evidence. Hence police should be trained to get information without causing any disability.

  4. anand said, on May 17, 2010 at 08:37

    sir bill shall be passed soon although i am not aware the content of the bill but there shall be some power left with the senior police officers so that they can interrogate the high profile criminal in their own manner. example may be Kasab case in which you have to use 3rd degree they may not break down so easily thus a balance approach is expected out from legislature

  5. Amit muz said, on October 18, 2010 at 22:35

    It can snatch the BRAHMASHTRA i.e. 3rd degree which being used by officials.


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