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What is custodial death CrPC?

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What is custodial death CrPC?

Custodial Death is widely referred to as death that happens to a person who is under trial or has already been convicted of a crime.

Is custodial violence is violation of rule of law?

Custodial violence is not a recent phenomenon. Sections 330, 331 & 348 of IPC; Sections 25 & 26 of the Indian Evidence Act; Section 76 of CrPC and Section 29 of the Police Act, 1861 were enacted to curb the tendency of policemen to resort to torture to extract confessions etc.

What CrPC 176?

176. Inquiry by Magistrate into cause of death. (2) The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter prescribed according to the circumstances of the case.

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What do you mean by custodial death?

Custodial death is defined as the death of a person due to any form of torture or cruel, inhuman or degrading treatment by the police officers, whether it occurs during investigation, interrogation or otherwise. It is perhaps one of the worst crimes in a civilized society governed by the rule of law.[5]

How do you investigate the custodial death?

Some of the important documents as per the guidelines must include:

  1. Inquest report.
  2. Post-mortem report.
  3. Viscera analysis report.
  4. Histopathological examination report.
  5. Initial health screening report of the prisoner.
  6. Final cause of death.
  7. Medical treatment records.
  8. Inquiry/ investigation report of the police.

What CrPC 39?

CrPC Section 39 – Public to give information of certain offences | Devgan.in.

What is custody violence?

Custodial violence is the violence which takes place in the judicial and police custody where an individual who has done a crime is tortured mentally as well as physically. To an extent they are broken down by senior officials in order to satisfy the hunger of power that they have.

What CrPC 108?

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108. Security for good behaviour from persons disseminating seditious matters. (1) When[ an Executive Magistrate] 2 receives infor- mation that there is within his local jurisdiction any person who, within or without such jurisdiction,-

What is custodial crime?

Arrest of a person leads to custody, which provides possible opportunity for commission of crime against the person in custody. Commission of a crime by a public servant against the arrested or detained person while in custody amounts to custodial crime. The custodial crime is preceded by arrest or detention.

What happens when a prisoner dies in custody?

When someone in custody dies in prison, the death is referred to a coroner. The coroner determines the cause of death and will register the death, allowing the body to be released for a funeral.

What are some factors that may contribute to in custody deaths?

What Are Some Reasons for Dying in Custody?

  • Police brutality and violence.
  • Drug or alcohol intoxication or withdrawal.
  • Accidental death.
  • Death from illness or suicide.
  • Homicide.

How many people die in custody in India each year?

On average, 96 persons die in custody every year. According to the India Annual Report on Torture 2019, there were a total of 1,731 custodial deaths in India. Out of those, 1,606 people died under judicial custody and 125 people died under police custody.

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Why are there more deaths in judicial custody than police custody?

Not all deaths in judicial custody are the result of torture or beatings and can be due to ailments or medical negligence, but those in police custody tend to be the result of violence, experts told IndiaSpend. “There are more deaths in prisons (judicial custody) because there are more people in custody.

What is custodial cruelty in India?

Keywords: Custodial deaths, fundamental rights, police officers , violence. The Custodial cruelty is one of the Heinous Crimes in India which often go unpunished. It’s a bitter truth but custodial torture is the worst thing which can happen to destroy someone’s fundamental rights.

What is the difference between custodial death and custodial violence?

The custodial death is the death of a person in a police custody or judicial custody while custodial violence can have two forms of violence.