What to Do in Cases of Police Torture

Introduction

Police protection is a right of every citizen. But in India, cases of custodial torture — where a person is beaten, threatened, or abused while in police custody — are unfortunately not rare. According to the National Crime Records Bureau (NCRB), hundreds of custodial deaths are reported in India every year, and the actual number of torture cases is believed to be far higher.

If you or someone you know has been a victim of police torture, you are not helpless. Indian law gives you several rights and remedies. This guide explains — in simple language — exactly what you should do, step by step.

First, Understand: What Counts as Police Torture?

Police torture or custodial violence includes:

• Beating, kicking, or physically assaulting a person in custody

• Threatening or intimidating a detainee or their family

• Denying food, water, sleep, or medical care

• Forcing someone to sign a false confession

• Electric shocks, burning, or other forms of physical abuse

• Sexual assault or humiliation in custody

• Keeping someone in illegal detention beyond the permitted time

All of the above are illegal in India, regardless of the crime a person is suspected of.

Your Fundamental Rights as a Detained Person

The Constitution of India and various laws protect you even when you are in custody:

• Article 21 – Right to life and personal liberty. No one can torture you, even in custody.

• Article 22 – You must be produced before a magistrate within 24 hours of arrest.

• You have the right to know why you are being arrested.

• You have the right to a lawyer — even if you cannot afford one, the state must provide a free legal aid lawyer.

• You cannot be forced to be a witness against yourself (Article 20).

• Women can only be arrested between 6 AM and 6 PM and must be taken to an all-women or female-supervised facility.

What to Do Immediately — Step by Step

Step 1: Inform Family or a Trusted Person Right Away

As soon as possible after an arrest or detention, the arrested person (or someone on their behalf) should:

• Inform a family member, friend, or lawyer about the arrest.

• Note down the name of the police station, the officer's name and badge number, and the time of arrest.

The police are legally required to inform a family member or nominated person at the time of arrest under Section 50A of the CrPC (now BNSS 2023).

Step 2: Seek Medical Attention Immediately

If torture has occurred:

• Demand a medical examination right away. The arrested person has the right to be examined by a doctor. This is mandated by the Supreme Court in the D.K. Basu vs. State of West Bengal (1996) judgment.

• Go to the nearest government hospital and get a medico-legal certificate (MLC). This document is critical evidence.

• Photograph all visible injuries on the body.

• Keep all medical records, prescriptions, and doctor's notes safely.

Important: Do not delay. Medical evidence can fade within hours or days.

Step 3: Write Down Everything — Create a Record

As soon as it is safe to do so, write down:

• The full sequence of events — when, where, what happened

• Names/descriptions of police officers involved

• Names of any witnesses (other detainees, bystanders, jail staff)

• Any specific words that were said, threats made, or orders given

This written account, dated and signed, will support your complaint and any future legal case.

Step 4: File a Complaint — You Have Multiple Options

You do not have to go to just one authority. Here are all the places where you can file a complaint:

A. Superintendent of Police (SP) or Police Commissioner

File a written complaint with the senior officer of the district. Under Section 154 CrPC (now BNSS), the officer is duty-bound to register your complaint. If they refuse, you can send the complaint by registered post.

B. Judicial Magistrate

You can directly approach the local Judicial Magistrate and file a complaint under Section 156(3) CrPC (now BNSS), asking the court to direct the police to register an FIR and investigate.

C. State Human Rights Commission (SHRC)

Every state in India has a State Human Rights Commission. You can file a complaint of custodial torture with the SHRC of your state. They have the power to:

• Investigate the complaint

• Recommend compensation

• Order disciplinary action against the officer

D. National Human Rights Commission (NHRC)

The NHRC is a powerful national body that takes up cases of custodial torture and death. You can file a complaint:

• Online: nhrc.nic.in

• By post: Manav Adhikar Bhawan, Block-C, GPO Complex, INA, New Delhi – 110 023

• By fax: 011-24651330

The NHRC can call for a report from the police, recommend compensation, and order inquiry.

Note: NHRC generally takes up cases within one year of the incident. File as soon as possible.

E. State Police Complaints Authority

Under the Supreme Court's directions in Prakash Singh vs. Union of India (2006), most states are required to have a Police Complaints Authority to deal with complaints against police officers. Check your state government's website to find the relevant authority.

F. High Court — Writ Petition

If the matter is urgent or other remedies are not working, you can approach your State High Court by filing a writ petition under Article 226 of the Constitution. Courts can:

• Order immediate release if detention is illegal (Habeas Corpus)

• Order a CBI or independent inquiry

• Grant interim protection

• Award compensation

Step 5: Approach a Lawyer or Legal Aid

If you cannot afford a private lawyer, contact:

• District Legal Services Authority (DLSA) — present in every district, provides free legal aid under the Legal Services Authorities Act, 1987.

• State Legal Services Authority (SLSA) of your state.

• NALSA (National Legal Services Authority): Toll-free helpline — 15100

Human rights NGOs also provide free legal assistance. (See the list at the end of this article.)

Step 6: Lodge a Complaint with the CBI (If State Police Is Involved)

If the accused officers are from the state police and there is a conflict of interest in a state investigation, you can request a CBI inquiry through the High Court or Supreme Court. Courts have ordered CBI probes in many serious custodial torture cases.

What Laws Protect You?

Law / Provision	What It Does
Article 21, Constitution of India	Right to life — protects you from torture
Section 330/331 IPC (now BNS 2023)	Punishes police for causing hurt to extort confession
Section 348 IPC	Punishes wrongful confinement to extort information
Protection of Human Rights Act, 1993	Establishes NHRC/SHRC to investigate violations
D.K. Basu Guidelines (Supreme Court, 1996)	Mandatory arrest safeguards including medical exam
Section 41D CrPC / BNSS	Right to meet a lawyer during interrogation

India has not yet ratified the UN Convention Against Torture (UNCAT), but domestic laws and courts do offer significant protections.

What If the Victim Has Died in Custody?

Custodial deaths are among the most serious human rights violations. If a family member has died in police custody:

1. Demand a post-mortem examination — it must be videographed.

2. File a complaint with the NHRC immediately — police are legally required to report every custodial death to the NHRC within 24 hours.

3. File a case under Section 302 IPC (murder) or Section 304 IPC (culpable homicide) if there is evidence of foul play.

4. Approach the High Court for a Habeas Corpus petition or an independent inquiry.

5. Contact a human rights organisation for support.

Helpful Organisations in India

Organisation	Contact
NALSA (Free Legal Aid)	Helpline: 15100
NHRC	nhrc.nic.in / 011-24663333
People's Union for Civil Liberties (PUCL)	pucl.org
Human Rights Law Network (HRLN)	hrln.org
Commonwealth Human Rights Initiative (CHRI)	humanrightsinitiative.org
Amnesty International India	amnesty.org.in
Citizens for Justice and Peace (CJP)	cjp.org.in

Key Takeaways

• Police torture is illegal in India — no matter what crime you are suspected of.

• Act fast — medical evidence, written records, and timely complaints are critical.

• You have the right to file a complaint in multiple forums — NHRC, SHRC, High Court, Magistrate.

• Free legal aid is available to everyone through NALSA and DLSA.

• Do not be silent — silence only protects the perpetrator.

Justice may take time, but the law is on your side. Know your rights, document the truth, and use every lawful channel available to you.