Custodial Torture and Need for Police Reforms

• 11 Apr 2025

For Prelims: Custodial Torture, Human Rights, Custodial Deaths, Article 21, IPC, CrPC. 

For Mains: Custodial torture and Custodial Deaths, Technology and Interrogation, Measures to avoid custodial deaths, Policing and Police Reforms in India 

Source: IE 

Why in News? 

The Status of Policing in India Report, 2025 by Lokniti-CSDS and Common Cause (an NGO), based on inputs from 8,276 police personnel across 17 States/UTs, reveals the continued acceptance of custodial torture and coercive methods within the police. 

• These insights highlight the urgent need for institutional police reforms to curb abuse and uphold constitutional rights. 

What are the Key Findings of CSDS Survey on Custodial Treatment by Police? 

• High Acceptance of Custodial Violence: 63% of police personnel justified violence against suspects of serious crimes like rape and murder.  
  • Even for minor offences such as theft, 30% supported third-degree methods. 
• Institutional Endorsement of Torture: 42% of police personnel strongly supported torture in terror cases, and 28% for history-sheeters.  
  • 25% of police personnel justified mob justice in cases like sexual assault or child abduction, while 22% supported extra-judicial killings of "dangerous criminals". 
  • While 74% believed that legal procedures should be followed even when dealing with dangerous criminals, only 41% reported consistent adherence to arrest protocols.  
    • Kerala recorded the highest compliance, with 94% affirming that legal norms are always observed during arrests. 
• Ambivalence Towards Mandatory Reporting: 39% of police personnel supported mandatory reporting of custodial torture, while 41% favoured it only in select cases, reflecting conditional accountability.  
  • Station-level officers were more supportive of reporting than seniors. 
• Reform Readiness: 79% of police personnel support human rights training and anti-torture mechanisms, with over 75% willing to report custodial violence if protected legally, and 79% supported evidence-based interrogation techniques indicating strong internal demand for reform and accountability. 
• Legal Safeguards vs Ground Reality: Despite legal safeguards under Article 21 and the SC guidelines in D.K. Basu vs State of West Bengal, 1997 case, custodial norms are routinely violated.  
  • Magistrates' inaction, unqualified medical checks, and NHRC’s limited powers highlight institutional gaps, while zero convictions in custodial death cases (2018–2022) reveal deep impunity. 

What is Custodial Torture? 

Click Here to Read: Custodial Torture 

What are the International Conventions Against Custodial Torture? 

Click Here to Read: International Conventions Against Custodial Torture 

Why is There a Need for Police Reforms in India? 

• Overburden & Manpower Shortage: India has only 155.78 police personnel per 100,000 people, well below the UN norm of 222. High vacancy rates at West Bengal (39.42%), Mizoram (35.06%), Haryana (32%) worsen the burden. 
  • Officers work 16–18 hours a day, with 83.8% reporting high stress, affecting efficiency, response time, and case quality. 
  • They also handle multiple roles like VIP security and election duties, often with low pay and little rest, increasing burnout and chances of corruption. 
• Politicization & Weak Accountability: Police autonomy is often compromised by political interference with 72% of Delhi police officers reported facing political pressure in investigations (Status of Policing in India Report). 
  • Misuse of laws like sedition against journalists, activists, and minorities weakens the rule of law and public trust.  
  • Excessive force during protests (e.g., CAA-NRC, farmers’ protests, 2023 wrestlers’ protest) and 669 custodial deaths (2017–2022) reflect growing militarization and raise serious human rights concerns. 
• Inadequate Training: Most states lack proper training infrastructure, with a low proportion of trained personnel as highlighted by the CAG. Weapon training is outdated, and police are rarely trained in modern techniques like cybercrime investigation or forensic science. 
  • India has only 0.33 forensic experts per 0.1 million people, compared to 20–50 in developed countries, hampering scientific investigations.  
  • Limited gender sensitivity training further weakens justice delivery in cases of domestic violence, sexual assault, and trafficking. 
• Outdated Infrastructure: Many police stations lack modern surveillance tools and digital case management systems. As of 2022, there was only one computer per 11 police personnel, with some states having just one per 30 officers. 
  • Police forces still rely on outdated weapons and manual record-keeping, making it difficult to address cybercrime, terrorism, and other emerging threats effectively. 
• Public Trust Deficit and Gender Imbalance: Community policing initiatives like Janamaithri (Kerala) and Mohalla Committees (Maharashtra) are exceptions rather than the norm, limiting grassroots engagement. 
  • Marginalized communities like dalits and minorities often view the police as discriminatory and unapproachable, reducing trust and cooperation. 
  • Women constitute only 11.75% of the police force (MHA), despite rising crimes against women, discouraging reporting and affecting the sensitivity and effectiveness of responses to gender-based violence. 

What Steps Should be Taken to Reform the Police System? 

• Reducing Workload: Address police shortage through fast-track recruitment and increased funding.  
  • A fixed 2-year minimum tenure, as per the SC directives in Prakash Singh Case, 2006, will improve efficiency and reduce political interference. 
• Ensuring Autonomy and Depoliticization: Implement the State Security Commission (SSC) to protect police from political interference, as recommended by the National Police Commission.  
  • Empower the Police Establishment Board (PEB), per the Ribeiro Committee, to manage transfers and promotions independently.  
  • Replace the outdated Police Act, 1861 with the Model Police Act (2006) to ensure legal backing for reforms. 
• Infrastructure Modernization: Adopt AI-driven policing, big data analytics, and drone surveillance for smarter crime control.  
  • Expand the Modernization of Police Forces (MPF) scheme to invest in CCTV networks, forensic labs, GPS-enabled vehicles, and body cameras. 
  • Strengthen cybercrime units as per the Padmanabhaiah Committee, and implement the NHRC’s 2021 directive on night-vision CCTV in police stations to boost accountability. 
• Specialization and Functional Division: As per the Malimath Committee, investigation and law-and-order duties should be separated and a specialized crime investigation cadre for complex cases should be formed. 
  • It also recommended that confessions made before a senior police officer be admissible as evidence, with safeguards against coercion.  
• Community Policing and Trust Building: Adopt community policing models as per the Model Police Act (2006) and NHRC guidelines. Scale up successful initiatives like Janamaithri Suraksha (Kerala) and Mohalla Committees (Maharashtra).  
  • Appoint social workers and psychologists in police stations to handle sensitive cases. Promote regular public-police interactions to build trust, especially in marginalized communities. 
• Gender Sensitization: Implement 33% reservation for women in police, all-women police stations in each district, and female presence in all stations.  
  • Mandate gender sensitization training and provide supportive facilities to improve retention. 
• Judicial Coordination and Reform: Digitize FIRs, link police records with e-courts, and fast-track undertrial cases as recommended by the Malimath Committee.  
  • Appoint liaison officers and expand plea bargaining to cut delays and ensure timely justice. 
• Capacity Building: Set up a Police Training Advisory Council (PTAC) to modernize training with focus on forensics, human rights, and technology. Include soft skills and citizen interface modules.  
  • Encourage higher education through scholarships and enable cross-agency training with CBI, NIA, and IB for professional growth. 

Conclusion 

Police reforms are crucial for building a responsive, professional, and people-centric policing system in India. Implementing long-pending recommendations, ensuring autonomy, leveraging technology can transform law enforcement. A reformed police force is essential for safeguarding democratic values, ensuring justice, and upholding the rule of law. 

Drishti Mains Question:

Why are police reforms necessary in India? Suggest key measures to improve policing. 

UPSC Civil Services Examination, Previous Year Question (PYQ) 

Q.1 Instances of the President’s delay in commuting death sentences have come under public debate as a denial of justice. Should there be a time specified for the President to accept/reject such petitions? Analyse. (2014) 

Q.2 The National Human Rights Commission (NHRC) in India can be most effective when its tasks are adequately supported by other mechanisms that ensure the accountability of a government. In light of the above observation assess the role of NHRC as an effective complement to the judiciary and other institutions in promoting and protecting human rights standards. (2014)