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Custodial Deaths in India: Why Do People Keep Dying in Police or Prison Custody?

Every year, hundreds of people lose their lives while they are supposed to be under the “protection” of the police or inside jails. These are called custodial deaths, and sadly, India sees thousands of them. Most happen not because of some accident, but because of beating, torture, neglect, or simply because no one cared enough to give timely medical help.

This is a simple, straightforward article for everyone who wants to understand what’s going wrong and why it still keeps happening in 2025.

What Exactly is a Custodial Death?

It means a person dies:

  • In a police station (usually within the first few hours or days after arrest), or
  • Inside a jail while waiting for trial or serving a sentence.

Once someone is arrested, the police or jail authorities become fully responsible for that person’s safety. If the person dies, the law says the police have to prove they are not at fault — not the other way round.

The Shocking Numbers

  • On average, 5–6 people die in custody every single day in India.
  • In the last few years, the number has crossed 2,500–2,700 every year.
  • More than 90% of these deaths happen inside jails (not police stations) because of overcrowding, no doctors, and untreated illnesses.
  • Uttar Pradesh, Maharashtra, Bihar, Madhya Pradesh and West Bengal usually top the list.

The worst part? Poor people, Dalits, Adivasis and minorities are affected the most.

Why Does This Happen?

  1. Torture in police stations Many officers still use “third-degree” methods (beating, electric shocks, hanging upside down) to force confessions. They think it’s the fastest way to solve a case.
  2. Fake suicides & cover-ups Families say “he was murdered,” the police say “he hanged himself.” Many times the body is cremated hurriedly before anyone can do a proper check-up.
  3. Jails are packed like sardine cans Indian prisons are running at 130–150% capacity. One small illness can become deadly because there are no doctors or medicines.
  4. No real punishment for guilty officers In the last 20+ years, thousands of custodial deaths have been reported, but hardly 20–30 policemen have actually been jailed. Officers protect each other, and getting permission to prosecute a policeman is very difficult.
  5. Pressure to show results Politicians and senior officers want quick arrests and solved cases. The easiest targets are poor people who can’t fight back.

Some Cases That Shook the Country

  • Jayaraj and Bennix (2020, Tamil Nadu) – A father and son were beaten to death in police custody just for keeping their shop open a few minutes late during lockdown. The photos of their blood-soaked clothes went viral and people across India were furious.
  • Ajith Kumar (2025, Tamil Nadu) – A 27-year-old temple worker was picked up for a small theft. His body came back with 44 injury marks. Five policemen were finally arrested after huge protests.
  • Many cases never become famous because the victims are poor, unknown, and have no one to speak for them.

What Laws and Rules Already Exist?

India actually has good rules on paper:

  • The Supreme Court’s D.K. Basu guidelines (1997) say police must tell the family, allow a lawyer, do medical check-ups every 48 hours, etc.
  • CCTV cameras are now compulsory in most police stations.
  • Every custodial death must be investigated by a magistrate, and the post-mortem has to be video-recorded.

But these rules are followed more in breaking than in keeping.

What Can Be Done to Stop This?

Real change is possible if the government and police decide to act. Here are simple, practical steps:

  1. Pass a strong anti-torture law (India promised the United Nations in 1997 but still hasn’t done it).
  2. Make CCTV and body cameras actually work and keep the footage safe.
  3. Punish guilty officers quickly — no more endless “departmental inquiries” that protect them.
  4. Reduce overcrowding in jails and keep doctors on duty 24×7.
  5. Train police that beating is not “investigation” — modern, scientific methods work better and are legal.
  6. Give fast and decent compensation to families who lose a loved one.

Final Words

Every custodial death is a failure of the system that is supposed to protect us. It is a slap on the idea that “no one is above the law.” These are not just numbers — they are someone’s father, brother, or son who went out one day and never came home. Until policemen start going to jail for torture and murder, nothing will change. It’s 2025 — time to make “In custody means in safety” a reality, not just a slogan.

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