SATTANKULAM CASE VERDICT

NEWS:  Tamil Nadu court awarded the death penalty to all nine policemen convicted in the 2020 Sattankulam custodial murder case.

Status of Custodial Deaths in India

• Custodial deathàwhen a person dies in police or judicial custody because of physical assault, psychological pressure, or medical negligence.
• -NHRCà reported 2,739 total custodial deaths in 2024, rising from about 2,400 in 2023.
• FY 2025–26 recorded 170 custodial deathsà increasing from 140 cases in FY 2024–25.
• BiharàRecords the highest police custody deaths, followed by Rajasthan & Uttar Pradesh.
• Between 1999 and 2023à only three convictions took place despite 2,253 deaths in police custody.

Major Causes of Custodial Deaths

• The Indian Police Act, 1861à maintains a coercive colonial policing system aimed at control rather than safeguarding citizens.
• Investigating officers -often use “third-degree” methodsà to obtain confessions, bypassing scientific and evidence-based practices.
• Indian prisons operate at 120.8% average occupancy= neglect, poor living conditions, and increased vulnerability.
• India àsigned the UN Convention Against Torture (UNCAT) in 1997 but has not ratified it or enacted a standalone anti-torture law.
• Section 218 of the BNSSà requires government sanction before courts can take cognisance of offences, delaying prosecution.

Constitutional and Legal Safeguards

• Articles 20, 21, and 22 protect against self-incrimination, arbitrary punishment, and detention beyond 24 hours without magistrate production.
• NHRC Guidelines (1993)àRequire every custodial death or rape to be reported within 24 hours.
• Hansura Bai Mandate (2025)àSupreme Court mandates transfer of custodial death probes to an independent agency if local police are implicated.
• Section 196 of the BNSS permits Executive Magistrates to carry out inquiries into all custodial deaths.

Judicial Precedents

• K. Basu v. State of WB (1997)à Supreme Court established 11 mandatory guidelines for arrest, detention and mandatory medical examinations.
• Prakash Singh v. UoI (2006)àMandated establishment of independent Police Complaints Authorities to examine serious police misconduct.
• Paramvir Singh Saini v. Baljit Singh (2020)à CCTV with audio recording in all police stations and the interrogation offices of central investigative agencies.