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CUSTODIAL DEATHS-A RETROSPECTIVE STUDY

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 Volume-8 | Issue-5 | May-2018 | PRINT ISSN No 2249-555X
Original Research Paper
Forensic Medicine

CUSTODIAL DEATHS- A RETROSPECTIVE STUDY

N.K.Shakya Assistant Professor, Deptt.of Forensic Medicine & Toxicology. IIMS&R, Lucknow.
Associate Professor, Deptt.of Forensic Medicine & Toxicology. IIMS&R, Lucknow
M.N.Siddiqui* *Corresponding Author
Pratibha Shakya Assistant Professor Deptt of Anatomy. IIMS&R, Lucknow.
N.B.Singh Tutor Deptt of Forensic Medicine & Toxicology. IIMS&R, Lucknow.
O.P. Gupta Tutor Deptt of Forensic Medicine & Toxicology. IIMS&R, Lucknow.
Nadeem Ahmad Professor, Dept. of Community Medicine, IIMSR
ABSTRACT Introduction: Deaths in police custody are sometimes controversial and raise the questions on trust in police because
some custodial deaths are due to not providing proper care at proper time, some deaths are due to complications of
physical torture by police and some deaths remain suspicious.
Material and Method: In this study we retrospectively analysed the pattern of deaths in custody that were brought to the mortuary at IMS,
BHU, Varanasi from July 2006 to June 2016 for medico-legal autopsy.
Result: In our study of last 10 years total of 235 custodial deaths were reported in Varanasi. Based on age, sex, religion, death pattern etc. Among
total of 235 cases, 225 cases were male and 10 cases were female. Hindus were commonly involved (202) than Muslims (31) and other religion
(2). Maximum number of deceased died in custody were from Uttar Pradesh, 5 from Uttarakhand and 1 each from Bihar, Jharkhand, West Bengal,
Haryana and Punjab. Deaths among convicted prisoners were dominated (187) over under trial prisoners (48). 210 deaths were in jail and 25 in
hospital. 197 deaths were attributed due to natural cause, 28 were due to unnatural cause mostly suicidal in nature and in 10 cases cause of death
remains undetermined.
Conclusion: In my study most common cause of the custodial death is natural cause and this may occur due to the various factors like poor
nutritional status, old age, lack of good health facilities, poor hygiene, overcrowding in jails etc.

KEYWORDS : torture, Autopsy, Custodial death.

INTRODUCTION due to disease or intoxication already existing in the deceased prior to
Legally custody is defined as, any point in time when a person’s the custody and aggravated thereafter or may have developed after
freedom of movement has been denied by law enforcement agencies, taken into the custody.
such as during transport prior to registering a case, or during arrest,
prosecution, sentencing, and correctional confinement. As per the NHRC guidelines, all custodial deaths are to be reported
within 24 hrs and post-mortem examination is to be conducted by a
Death in custody is defined as death occurring in some form of panel of doctors & videography has been made mandatory. NHRC
custodial detention, such as police cell or prison. Report from 2001-02 to 2006-7 showed an increase in custodial deaths
all over India. Though majority of the cases in custody die due to
There are numerous cases where the police officers have misused their natural causes, but issues such as negligence in medical aid or
powers on the people and toyed with their lives. The police officers, improper healthcare facilities cannot be ruled out.
who are regarded as the custodian and guardian of law, have acted in
just the contrary manner and have failed to protect the very basic right Having knowledge and data regarding such deaths is important to
to life guaranteed by article 21 of the constitution. focus attention on prison medical services and can facilitate the
implementation of preventive programs. Such studies would also
Custodial violence is a matter of concern. It is aggravated by the fact guide the prison authorities in setting priorities for the allocation of
that it is committed by persons who are supposed to be the protectors of their healthcare services and budget.
the citizen.
But for this purpose updated studies of morbidity and mortality are
Though international laws criminalize torture, torture enjoys required and such data is lacking in India.
unprecedented license in India. Torture seems to be legalized in India.
AIM OF STUDY
Some commonly used methods of torture by police are beating, Main concern of this study is to see the pattern of custodial deaths in
mutilation (chopping of ears, nose, fingers etc.), burn by cigarette or Eastern U.P. Zone specially in central and district jails situated in
boiling water, inserting heated metal rod into anus, suspension by wrist Varanasi and near by districts to bring awareness among the law
or ankle, forced immersion of head into contaminated water, electric enforcement agencies so that proper care of the person in custody can
shock, disallowing sleep, solitary confinement in a dark place, be taken.
inserting foreign body into genitals, undressing before others or raping
the female victim etc. MATERIAL AND METHOD
This is a retrospective analysis of 93 deaths in custody above 60 years
The Indian Constitution has conferred many rights on the citizen of of age that have occurred from July 2006 to June 2016 in and around
India and its importance needs no explanation. Hence, the courts as Varanasi area( Eastern U.P. Zone) and body was brought to the
well as the police officers, that is, the Law Enforcement Officers of the mortuary of Dept. of Forensic Medicine, IMS,BHU. Varanasi. Relevant
State should strive to prevent anyone from committing a breach of the information was taken from record maintained in Department .
same.
Collection of data include questionnaires schedule recorded on
In contrast to general belief, deaths occurring in custody could be due preformed Performa and interviews session at the time of autopsy with
to natural causes along with un-natural causes. Natural deaths may be the concerned investing officer, parents of victims, other family
INDIAN JOURNAL OF APPLIED RESEARCH 67
 Volume-8 | Issue-5 | May-2018 | PRINT ISSN No 2249-555X
members and relatives of the victim, neighbours and other persons Table-IV According to region
accompanying the dead body. REGION NO.OF CASES
UTTAR PRADESH 84
Data also collected from police inquest, post-mortem register and
UTTARAKHAND 4
reports, hospital memos in hospitalized cases.
WEST BENGAL 1
RESULT JHARKHAND 1
Table-I Year wise case distribution BIHAR 1
YEAR NO. OF CASES HARYANA 1
PUNJAB 1
2005(1st July -31st December) 04
TOTAL 93
2006 08
2007 09 Maximum no. of prisoners (84 out of total 93 cases) were related to
2008 11 Uttar Pradesh because crime rate is very high. Prisoners related to
2009 11 Uttarakhnd were 4 out of total 93 prisoners. Other prisoners were
related to West Bengal, Jharkhand, Bihar, Haryana, Punjab.
2010 07
2011 13 ACCORDING TO MANNER OF DEATH-
2012 06
2013 09
2014 10
2015 upto 30 June 05
Total 93
Maximum number of custodial death were noted in year 2011. There
were 13 custodial deaths out of total 93 deaths.

Table-II Cause of death

1) Natural Cause-
CAUSES CASES
Septicaemia 48
Cardiac disease 12 Most common cause of custodial death (84%) in present study was
Pulmonary disease 08 natural cause(Septicaemia, cardiac disease, pulmonary disease etc.)
CNS disease 05 2nd most common cause of custodial death (12%)was Unnatural cause
Hepatobilliary disease 03 (Poisoning, Head injury, Hanging, Blunt trauma due to torture by
police etc.
Chemical peritonitis due to intestinal 01
perforation
ACCORDING TO SEX DISTRIBUTION-
Renal disease 01
TOTAL 78
Out of 93 Custodial deaths, 78 deaths, 78 deaths occured due to natural
cause in our study. Total custodial deaths due to unnatural cause were
11. There were 4 custodial deaths due to unnatural cause.

2) Unnatural Cause-
CAUSES CASES
Poisoning 03
Head injury 02
Hanging 02
Blunt trauma(torture by police) 01
Burn 01
Throttling 01 ACCORDING TO RELIGION-
Accidental 01
TOTAL 11 Most common custodial deaths (96%) were observed in males in
Most common natural cause of custodial deaths was septicaemia (48 present study. Only 4% custodial deaths were seen in females.
cases out of 78 custodial deaths due to natural cause). 2nd most
common cause was cardiac disease.
3) UNDETERMINED CAUSE 04
Most common natural cause of custodial deaths was poisoning (03
cases out of 11 custodial deaths due to unnatural cause). 2nd most
common unnatural cause of custodial deaths were head injury and
hanging.

Table-III Age distribution

Age(Years) No. of cases
61-70 31
71-80 46
>80 16
Total 93 ACCORDING TO PLACE OF DEATH-
Maximum custodial deaths in our study were in 71 -80 years age group.
There were 46 custodial deaths (about 50%) in 71-80 years age group According to religion, most of custodial deaths (86%) were observed in
out of total 93 custodial deaths. 2nd highest no. of custodial deaths Hindu. Second most common custodial deaths (13%) wereseenin
were in 61-70 years age group. Muslims.

68 INDIAN JOURNAL OF APPLIED RESEARCH

 Volume-8 | Issue-5 | May-2018 | PRINT ISSN No 2249-555X
2nd most common cause of custodial death in my study is unnatural
death due to various causes which may occur due to improper care,
torture during enquiry, arrest in cases of false allegation, political
interference etc.

SUGGESTIONS
Though it is true that not every case of death in custody will be
avoidable but it is possible to reduce the number of such deaths by
preventive measures. An attempt had been made in this study to
identify the mortality pattern in custodial setting and some measures
are suggested as below:

1) Reception Screening:
Maximum no. of custodial deaths (89%) were reported in Hospital. Jail The prison authorities should have detailed history of the inmate along
was2nd most common place (11%) where custodial deaths were with treatment record, follow-up record, investigations, any operative
reported. measures taken etc. History regarding alcohol dependence/drug abuse
should be recorded. Any history of psychiatric illness needs attention.
DISCUSSION
Finding of our study is supported by findings of Indian study done by 2) Medical Facilities:
Y.S.Bansal and Akhilesh R. Jhamad et al where most common cause of A structured delivery of health care services can be provided by setting
custodial death were natural cause and deaths were more in Hindu ―Prison Health Services‖.
males and mostly in hospital. 3) Improving the Prison Condition:
The prison conditions need improvement relating to the design and
Y.S. Bansal et al analyzed a total of 90 cases of custodial death. Out of structure. Decongestion of the cells is needed. The dietary plan for the
these, 85 were males (95%) and 5 were females (5%), the eldest inmate as per illness (for e.g. chronic renal failure, diabetes mellitus)
prisoner was 85 years old & the youngest was of 16 years. Natural should be considered.
causes accounted for 80 (89%) deaths, whereas 10 (11%) cases were of 4) Training of Custodian People:
unnatural causes. Findings of our study are supported by these The people related with custodial responsibilities should be properly
findings. trained for providing primary aid and to recognize when medical
intervention is required.
Sixty three percent cases were reported from the Punjab zone,27% 5) Education for health( training for yoga& meditation)
from Haryana,7% from Chandigarh,2% from Uttar Pradesh and 1% 6) CCTV installation + No political interference.
from Himachal Pradesh. While in our study maximum no. of prisoners 7) Accurate custody records of cell visits.
(84 out of total 93 cases) were related to Uttar Pradesh. Prisoners 8) Developing a strategy for risk assessing drunk and drug-using
related to Uttarakhnd were 4 out of total 93 prisoners. detainees.
9) Setting up a detoxification centre for drug and alcohol-misusing
Akhilesh R. Jhamad et al in their study retrospectively analysed detainees.
majority of cases were natural (10 out of 15 deaths) while only one fifth 10) Upgrading technology/equipment.
cases were un-natural. Our finding is supported by these findings.
Among the various causes of natural deaths, infectious diseases REFERENCES
(tuberculosis) made up to half of all the cases but in present study 1. Bansal YS, Murali G, Singh D. Custodial deaths – an overview of the prevailing
septicaemia was the most common natural cause of custodial death. healthcare scenario. J Indian Acad Forensic Med 2010; 32: 315-7
2. Bhana Babita D. Custody-Related Deaths in Durban, South Africa 1998-2000. The
American Journal of Forensic Medicine and Pathology. 2003 June; 24(2): 202-7.
Akhilesh R. Jhamad et al found in their study that as far as pattern of 3. National Human Rights Commission Annual report 2002- 2003.
un-natural deaths are concerned, one case of accidental death was 4. Reddy, K S Narayan. The Essentials of Forensic Medicine and Toxicology. 29th ed.
during a police chase. Hyderabad: K Suguna Devi; 2010: 267-8.
5. Seena Fazel et al. Natural deaths in male prisoners: a 20-year mortality study. European
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Our findings are in oppose to the study of Wendy L Wobeser et al and 6. The Criminal Procedure Code, 1973. Act 2 of 1974. With Amendment Act 2005.
Babita D Bhana where they concluded that un-natural deaths such as 7. The Protection of Human Rights Act, 1993. Act 10 of 1994, with Amendment Act, 2006.
Springborn RR. Outlook: Death in custody. Department of Justice Criminal Justice
suicidal or shootings by police were more common. Statistics Centre, California. May 2005.
8. Torture in India 2010. Asian Centre for Human Rights, April 2010.p-1
Our finding is in oppose to the study done by Seena Fazel et al [4] 9. Torture in India 2011. Janakpuri, New Delhi: Asian Centre For Human Rights; 2011
November 21. 101pg.
where a 20 year case study concluded that more than half of the cases 10. Wobeser W, Datema J, Bechard B, et al. Causes of death among people in custody in
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This study suggests that most of the deaths occurring in custody in this
part of India are natural and they mainly succumbed to their illness.

An important fact responsible for the deaths occurring in custody is the

condition of the jails in India. Overcrowding, unhygienic environment,
malnutrition and non-availability of health facilities are the conditions
which cause spreading of various communicable diseases such as
various vector-borne diseases, blood-borne diseases and sexually
transmitted diseases.

This fact explains why there are more natural deaths in Indian jails. All
these cases, be it natural deaths or un-natural, show some sort of
carelessness and disrespect for human life on the part of authorities.

Keeping all these in view, National Human Right Commission has

instructed the jail authorities to follow a formal medical screening
format whenever a new inmate enters the jail so that health status of the
inmate can be known beforehand and can be managed accordingly.

CONCLUSION
In my study most common cause of the custodial death is natural cause
and this may occur due to the various factors like poor nutritional
status, old age, lack of good health facilities, poor hygiene,
overcrowding in jails etc.
INDIAN JOURNAL OF APPLIED RESEARCH 69

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