Ratio Decidendi:

Custodial violence, including torture and death in lock-ups, violates the rule of law, as executive powers must derive from and be limited by law. (!) [1000013550008]

The fundamental right to life and personal liberty under Article 21 extends to convicts, undertrials, detenues, and prisoners in custody, permitting only reasonable restrictions per procedure established by law, and prohibits any form of torture, cruel, inhuman, or degrading treatment by state functionaries. (!) [1000013550016][1000013550020] (!) (!)

Monetary compensation is an appropriate, effective remedy in public law for established violations of Article 21 by public servants, based on strict liability, with the State vicariously liable (and entitled to indemnification from the wrongdoer); sovereign immunity is unavailable, and such compensation is compensatory (not punitive), additional to private law remedies like civil suits, with quantum depending on case facts. (!) [1000013550009] (!) (!) (!) (!)

To prevent custodial abuse, the following 11 requirements must be followed in all arrests/detentions (in addition to constitutional/statutory safeguards, applicable to police and other agencies), with non-compliance attracting departmental action and contempt proceedings:

1. Arresting/interrogating personnel must wear visible identification/name tags; particulars recorded in a register. (!)

2. Memo of arrest prepared at arrest time, attested by family member/respectable local witness, countersigned by arrestee, noting time/date. (!)

3. Arrestee entitled to inform friend/relative/known person of welfare interest promptly (unless attesting witness is such). (!)

4. If relative/friend outside district/town, notify via District Legal Aid Organisation/police station telegraphically within 8-12 hours. (!)

5. Arrestee must be informed of right to notify someone upon arrest/detention. (!)

6. Diary entry at detention place disclosing arrest, informed person's name, and custody officials' details. (!)

7. On request, examine arrestee at arrest for injuries, record in "Inspection Memo" signed by both, copy to arrestee. (!)

8. Medical exam by trained approved doctor every 48 hours during custody; Director of Health Services to maintain panels. (!)

9. Copies of documents (incl. arrest memo) sent to area Magistrate. (!)

10. Arrestee permitted lawyer meetings during (not throughout) interrogation. (!)

11. Police control rooms at district/state HQs to receive/display arrest/custody info within 12 hours. (!)

These requirements flow from Articles 21/22(1), must be publicized (circulated, broadcast, pamphlets), and promote transparency/accountability. (!) (!) (!) (!) (!)

Abuse of arrest/detention powers requires justification (e.g., per National Police Commission criteria), scientific investigation, police training in human values, and legislative amendments (e.g., Evidence Act presumption for custody injuries).[1000013550018][1000013550019] (!) (!)