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Posted 29 Mar 2024

2 min read

  • While referring to its Judgment of State of Jharkhand v Sandeep Kumar, SC made an exception and invoked Article 136 to set aside bail granted to Police officer by a High Court in a case of custodial death.
    • Article 136 gives discretionary power to SC to grant special leave to appeal from any judgement or order made by any court or tribunal India.
      • It is not applied to orders passed by any court or tribunal constituted by any law relating to Armed Forces. 
  • Custodial death is a manifestation of custodial violence which primarily refers to violence (including rape and torture) in police custody and judicial custody. 
  • Safeguard against Custodial death 
    • Constitutional
      • Article 14 (Right to equality before law)
      • Article 21 (Right to life)
    • Legal
      • Sec 330 & 331 of IPC provides punishment for injury inflicted for extorting confession during custody
      • Section 176 Cr.P.C, calls for magisterial enquiry in case of custodial death.
    • Other
      • International Covenant On Civil And Political Rights (India is Signatory)
      • D.K Basu v. State of West Bengal, SC gave specific guidelines for safeguarding of detainees.
      • NHRC guidelines calls for reporting of custodial death or rape within 24 hrs of occurrence

 

 

  • Tags :
  • Custodial Death
  • Article 136
  • State of Jharkhand v Sandeep Kumar
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