Torture in the Shadows of Law: Confession, Custody, and the Limits of Criminal Justice Reform

Custodial violence and the admissibility of confessions remain among the most significant challenges facing India's criminal justice system. Despite constitutional guarantees under Articles 20, 21, and 22, incidents of physical abuse, psychological coercion and forced confessions in police custody continue to occur. This paper examines the legal framework governing confessions and custodial safeguards under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Indian Evidence Act, 1872 and the Code of Criminal Procedure, 1973, respectively. It also traces the historical development of confession law in India. The paper analyses significant judicial pronouncements of the Supreme Court and various High Courts. It compares the Indian framework with the legal systems of the United States, the United Kingdom and South Africa. Drawing on official government data and independent empirical reports, the study further highlights the persistent gap between legal guarantees and ground realities. It argues that while the BSA and BNSS incorporate some procedural improvements, such as increased use of technology in criminal procedure, they largely continue within the existing legal framework and do not effectively address the structural causes of custodial violence or police accountability. The paper concludes by recommending legislative and institutional reforms, including the enactment of a comprehensive anti-torture law, mandatory audio-visual recording of custodial interrogations, strengthening forensic infrastructure, and establishing an independent police complaints authority to bridge the gap between constitutional guarantees and their effective enforcement.