AI Overview...
Ill Treatment by IO During Police Custody
- Torture and Ill-treatment in Police Custody
Multiple sources document instances where individuals in police custody suffered physical abuse, beating, and inhuman treatment. For example, sources Mykala Sabamma VS S. Srinivas Rao, Station House Officer, Makthal P. S. - Andhra Pradesh, Sanjiv Bhatt I. P. S. VS State of Gujarat - Gujarat, Sham Kant VS State of Maharashtra - Crimes, and Sham Kant VS State Of Maharashtra - Supreme Court detail allegations of torture, injuries, and continuous ill-treatment during detention. These cases often involve injuries that may have predated custody or are a direct result of police brutality.
Main points: - Allegations of torture, beating, and inhuman treatment during police custody.
- Injuries sustained may be prior or during detention, with investigations sometimes exonerating police but findings not always binding.
- Victims often report physical abuse, black dots, swelling, and injuries consistent with beating.
References: Mykala Sabamma VS S. Srinivas Rao, Station House Officer, Makthal P. S. - Andhra Pradesh, Sanjiv Bhatt I. P. S. VS State of Gujarat - Gujarat, Sham Kant VS State of Maharashtra - Crimes, Sham Kant VS State Of Maharashtra - Supreme Court
- Legal and Procedural Concerns
Several sources highlight procedural lapses and non-compliance with established guidelines, such as the Criminal Manual (Para 14), which mandates proper treatment and recording during detention. For instance, Sanjiv Bhatt I. P. S. VS State of Gujarat - Gujarat notes non-compliance as a ground that cannot necessarily quash proceedings, indicating procedural gaps.
Main points: - Non-compliance with police manual procedures regarding treatment during custody.
- Investigations sometimes reveal lapses but do not always lead to prosecution or disciplinary action.
- Authorities' resistance or threats to magistrates questioning police conduct are reported (State of Orissa VS Sudha Singh - Crimes, State of Orissa VS Sudha Singh, Superintendent of Police, Jagatsinghpur - Orissa).
References: Sanjiv Bhatt I. P. S. VS State of Gujarat - Gujarat, State of Orissa VS Sudha Singh - Crimes, State of Orissa VS Sudha Singh, Superintendent of Police, Jagatsinghpur - Orissa
- Responses and Judicial Interventions
Courts have addressed issues of ill-treatment, emphasizing the need to prevent torture and illegal detention. For example, in DAMRA RAM Vs. THE STATE OF RAJASTHAN - Rajasthan, the court directed police to hand over custody of a minor to parents after allegations of illegal detention. Some cases involve threats or intimidation against officials questioning police conduct (State of Orissa VS Sudha Singh - Crimes, State of Orissa VS Sudha Singh, Superintendent of Police, Jagatsinghpur - Orissa).
Main points: - Courts have ordered investigations and directed police to ensure proper treatment.
- Judicial concern over threats and intimidation when inquiries into police misconduct are initiated.
- In some cases, no ill-treatment was found, but the matter was listed for further hearing (DAMRA RAM Vs. THE STATE OF RAJASTHAN - Rajasthan, P. Madhanlal Patel VS State represented by Inspector of Police - Madras).
References: DAMRA RAM Vs. THE STATE OF RAJASTHAN - Rajasthan, P. Madhanlal Patel VS State represented by Inspector of Police - Madras, State of Orissa VS Sudha Singh - Crimes, State of Orissa VS Sudha Singh, Superintendent of Police, Jagatsinghpur - Orissa
- Summary and Conclusion
The sources collectively indicate that ill-treatment and torture by police during custody are significant issues, often leading to injuries, false allegations, or illegal detention. While procedural safeguards exist, violations frequently occur, and victims face threats or intimidation when seeking justice. Judicial authorities have intervened to order investigations and protect detainees, but systemic issues persist.
Overall insight: - Police custody can involve inhuman treatment, with documented cases of torture and abuse.
- Procedural lapses and threats against those investigating or reporting abuse undermine accountability.
- Courts play a crucial role in safeguarding rights, but enforcement remains inconsistent.
References:
- Mykala Sabamma VS S. Srinivas Rao, Station House Officer, Makthal P. S. - Andhra Pradesh, Sanjiv Bhatt I. P. S. VS State of Gujarat - Gujarat, State of Orissa VS Sudha Singh - Crimes, State of Orissa VS Sudha Singh, Superintendent of Police, Jagatsinghpur - Orissa, DAMRA RAM Vs. THE STATE OF RAJASTHAN - Rajasthan, P. Madhanlal Patel VS State represented by Inspector of Police - Madras, Sham Kant VS State of Maharashtra - Crimes, Sham Kant VS State Of Maharashtra - Supreme Court
Search Results for "Ill Treatment by Io during Police Custody"
2003 0 Supreme(AP) 153 • India - Andhra Pradesh
V.V.S.RAO
in police custody - Writ petition seeking writ of mandamus directing Superintendent of Police to register criminal case ... ... CODE, Secs154, 173 & 174 - INDIAN PENAL CODE, Secs343 & 302 - Allegation that petitioner’s husband died due to torture and ill-treatment ... station for period of 5 days and not tortured in police station and death of deceased is a case of suicide ... p align="justify ... the police custody. ... She alleged in ....
2011 0 Supreme(Guj) 755 • India - Gujarat
M.R.SHAH
torture by police officers during police custody - Quashing sought - Prosecution without sanction from complaint authority - Appeal ... and after making inquiry Criminal Manual having noted and found some black dots on the hand and swelling on tongue - Beating and ill-treatment ... case made out for - Held, non-compliance of Criminal Manual, Para 14 by Magistrate cannot be ground to quash proceedings against police ... treatment in the police #HL_STA....
• India - Crimes
VINOD PRASAD, S.K.SAHOO
The caller asked the learned Magistrate as to why he was sending Complaint Petition under section 156(3) of Cr.P.C. and why he was enquiring about ill treatment during police custody. The caller asked the learned Magistrate to stop it or else she would report against him. ... Sudha Singh, Superintendent of Police Jagatsinghpur and Smt. Sabita Majhi, S.I. of Police, Paradip Police Station. ... The caller also threatened him for showing highhandedness by enquiring about....
2016 0 Supreme(Ori) 40 • India - Orissa
VINOD PRASAD, S.K.SAHOO
The caller asked the learned Magistrate as to why he was sending Complaint Petition under section 156(3) of Cr.P.C. and why he was enquiring about ill treatment during police custody. The caller asked the learned Magistrate to stop it or else she would report against him. ... Sudha Singh, Superintendent of Police Jagatsinghpur and Smt. Sabita Majhi, S.I. of Police, Paradip Police Station. ... The caller also threatened him for showing highhandedness by enquiring about....
2024 Supreme(Online)(RAJ) 29909 • India - High Court of Rajasthan (Jodhpur Bench)
MR. JUSTICE VIJAY BISHNOI, MR. JUSTICE MUNNURI LAXMAN, JJ
no ill-treatment - Matter to be listed for further hearing. ... (A) Habeas Corpus - Minor's custody - Allegation of illegal detention - Petition filed for tracing missing minor daughter - Police ... traced corpus, who stated she left of her own free will - Court directed police to hand over custody to parents with assurance of ... In view of the above, the police are directed to handover the custody of the corpus to the petitioner and his wife. ... ....
2009 0 Supreme(Mad) 4886 • India - Madras
T.SUDANTHIRAM
The court also addressed the potential ill-treatment of the petitioner if taken into custody by the police. ... Anticipatory Bail - Alleged Offence under Sections 411 IPC - The court considered the submissions of the petitioner and the police ... The court also highlighted that even if a person is released on anticipatory bail, the police may recover properties based on the ... It is a matter for investigation by the police whether this petitioner received any jewels ....
1993 0 Supreme(Guj) 221 • India - Gujarat
K.G.SHAH, K.R.VYAS
Writ Petition - Purpose of interrogation - In the petition, the petitioner averred that his brother has been taken away by Police ... A,, (supra), deal with a case of beating and physical ill-treatment to a person while in Police custody. They are cases of illegal detention simpliciter. In Rudal Sahs case, the accused was acquitted by the Court of Sessions on 3/06/1968. ... We will of course, refer to the beating and ill-treatment meted out to Vedprakash hereafter. ......
2014 0 Supreme(Mad) 1271 • India - Madras
V.DHANAPALAN, G.CHOCKALINGAM
No complaints of ill-treatment by police. Offence explained. Remanded to custody till 22.08.2013. .... ” ... (“TAMIL”) ... 6. ... The above named detenu is ordered to be set at liberty forthwith, unless his custody is required in connection with any other case. ... Police Station and Crime No. Sections of Law ... 1. J.7 Velachery Police Station Crime No.1556/2011 380 IPC ... 2. J.7 Velachery Police Station Crime No.1811/2011 379 IPC ... 3. ... H.5....
• India - Crimes
S.RATNAVAL PANDIAN, K.JAYACHANDRA REDDY
W. 13, coprisoner deposed that after they were taken to the police - Custody they were inhumanly treated and tortured continuously ... in police custody and the injuries found on him possibly might have been sustained by him prior to his arrest is not binding on ... and torture of an under trial prisoner in police-custody - Finding of the commission exonerating the accused - Not binding on the ... While they were in the police custody, they were agai....
1992 0 Supreme(SC) 423 • India - Supreme Court
K.JAYACHANDRA REDDY, S.R.PANDIAN
W. 13, coprisoner deposed that after they were taken to the police - Custody they were inhumanly treated and tortured continuously ... in police custody and the injuries found on him possibly might have been sustained by him prior to his arrest is not binding on ... and torture of an under trial prisoner in police-custody - Finding of the commission exonerating the accused - Not binding on the ... While they were in the police custody, they were agai....
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