Custodial Violence in India As a Violation of Article 21 and the Role of Article 20(3)

One of the worst human rights abuses in India is still custodial violence, which is at the core of constitutional governance. Despite the clear safeguards offered by Article 21 and Article 20(3) of the Indian Constitution, instances of abuse, torture, and deaths in detention continue to occur far too frequently. This essay examines how Article 20(3) protects against self-incrimination and considers custodial violence as a clear violation of Article 21's right to life and personal liberty. The study assesses the efficacy of constitutional protections and draws attention to the discrepancy between legal principles and their actual implementation through judicial interpretations and seminal case laws. The study makes the case that, despite the substantial evolution of constitutional jurisprudence, systemic changes and more robust accountability systems are necessary to end custodial violence in India.