Showing posts with label law Commission of India. Show all posts
Showing posts with label law Commission of India. Show all posts

Monday, 8 December 2025

LLM Notes: Custodial violence & torture and role of law commission in Reforming the Criminal Legal System: Addressing Torture

 


 Custodial torture is the infliction of physical or mental pain or suffering on a person who is in the custody of the police or other authorities. It is a grave violation of human rights and dignity and often leads to custodial deaths, which are deaths that occur while a person is in custody. Death in police custody is perhaps one of the worst kind of crimes in a civilized society and poses a serious threat to an orderly civilized society.

  • Types of Custodial Death:

  • Death in Police Custody: Death in police custody can result from excessive force, torture, denial of medical care, or other forms of abuse.

  • Death in Judicial Custody: Death in judicial custody may occur due to overcrowding, poor hygiene, lack of medical facilities, inmate violence, or suicide.

  • Death in the Custody of Army or Paramilitary Forces: Can happen through torture, extra-judicial killings, encounters, or crossfire incidents.

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Saturday, 22 March 2025

LLM Notes: The Role of the Law Commission of India in Reforming the Criminal Legal System: Addressing Torture

 Introduction

The Law Commission of India has played a pivotal role in reforming India's legal framework, including addressing critical issues such as custodial torture. Torture, particularly in police custody, remains a grave concern in India, undermining constitutional protections and human rights. While India is a signatory to the United Nations Convention Against Torture (UNCAT), it has yet to ratify it, leaving gaps in its domestic legal framework. The Law Commission has made significant recommendations to bridge these gaps and align India's laws with international standards.

Law Commission's Contributions on Torture

The Law Commission of India has addressed torture through various reports, most notably its 273rd Report (2017) and 152nd Report (1994), which proposed comprehensive reforms to prevent custodial torture and ensure accountability.

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