In short: torture or beating in police custody is a crime and a violation of the right to life. Get a medical examination and photographs of injuries immediately, tell the magistrate at the first production, and complain to the senior police officers, the State or National Human Rights Commission, and if needed the High Court. A custodial death, disappearance or rape requires a judicial inquiry by law, and courts award compensation against the State.
Immediate steps
- Medical examination: ask for it at once (BNSS Section 53), and get an independent doctor's report and photographs as soon as possible.
- Tell the magistrate when produced. The magistrate can order a medical examination and record your statement.
- Written complaint to the Superintendent of Police or Commissioner, and register an FIR against the officers. If refused, apply to the magistrate (see FIR not registered).
- Preserve CCTV footage: the Supreme Court in Paramvir Singh Saini (2020) directed CCTV in all police stations, including interrogation areas. Ask in writing, quickly, for the footage to be preserved.
- Human Rights Commission: complain to the State Human Rights Commission or the NHRC (online at the NHRC complaint portal).
Custodial death, disappearance or rape
Under BNSS Section 196, a judicial magistrate must hold an inquiry, in addition to the police investigation. The post-mortem should be done promptly, ideally video-recorded. Police must report custodial deaths to the NHRC within 24 hours. Families can seek an independent investigation, including by the CBI, through the High Court.
Prosecution and compensation
- Causing hurt to extort a confession, wrongful confinement and murder are offences under the Bharatiya Nyaya Sanhita. Courts have held that torture is not part of official duty, so prior sanction to prosecute is generally not needed for it.
- The High Court and Supreme Court award compensation for custodial violence under Articles 32 and 226 (Nilabati Behera, 1993; D.K. Basu, 1997), apart from any criminal case.
- Departmental action against the officers can be sought in parallel.
Questions people ask
What should I do if police beat someone in custody?
Get a medical examination and photographs, tell the magistrate, complain in writing to senior officers and the Human Rights Commission, ask for CCTV to be preserved, and seek an FIR against the officers.
How do I complain to the NHRC?
Online through the NHRC's complaint portal, by post or email, with the facts, dates, names of officers if known, and medical and other evidence. State Human Rights Commissions also take complaints.
Can a family get compensation for a custodial death?
Yes. High Courts and the Supreme Court award compensation against the State for custodial deaths and torture, apart from criminal action against the officers.
Is a judicial inquiry mandatory in custodial death?
Yes. Under BNSS Section 196, a judicial magistrate must inquire into a death, disappearance or rape in police custody.
Facing a criminal case or arrest?
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Become a ClientCall +91 81001 21141This guide gives general information about the law in India as on 11 November 2026. It is not legal advice for your situation, and reading it does not create a lawyer-client relationship. Rules and limits change; please take advice on your own facts.