This paper critically examines the persistent gap between constitutional guarantees and actual police behaviour during criminal investigations in India, with a specific focus on custodial violence, arbitrary arrests, and extrajudicial killings as violations of fundamental rights and international human rights norms. Drawing upon the constitutional framework under Articles 20, 21 and 22 of the Constitution of India, alongside international instruments such as the United Nations Code of Conduct for Law Enforcement Officials (1979), the study analyses the legal safeguards designed to protect individuals in custody. The paper relies on empirical data from the National Human Rights Commission (NHRC)—which recorded over 11,650 custodial deaths between 2016 and 2022, including 2,739 in 2024 alone—and the Global Torture Index 2025, which categorises India as a “high risk” country for systemic torture. The study identifies recurring patterns of police misconduct, including third-degree torture to extract confessions, arbitrary detention, violation of procedural safeguards under the CrPC, and discriminatory policing disproportionately affecting marginalised communities. Landmark judicial pronouncements, notably D.K. Basu v. State of West Bengal (1997) and Khursheed Ahmad Chouhan v. Union Territory of J&K (2025), are examined to assess judicial responses and the evolving framework of accountability. The paper further evaluates the efficacy of existing oversight mechanisms, including the NHRC and constitutional remedies, while highlighting persistent gaps such as the absence of a comprehensive anti-torture law, weak complaint mechanisms, and noncompliance with court directives on CCTV installation. The paper concludes that meaningful reform requires systemic changes in police culture, independent oversight bodies, and full implementation of constitutional and judicial mandates to align police practices with the rule of law and human dignity.
Singh et al. (Mon,) studied this question.