← Your rights

Your rights

Can police beat me during questioning?

Short answer

Absolutely not. Police torture and custodial violence are criminal offences. You can file a complaint with the NHRC.

Understanding the issue

Police torture is a serious violation of Article 21 (Right to Life) and is a criminal offence under BNS Sections 115-117 (voluntarily causing hurt/grievous hurt). The Supreme Court in D.K. Basu v. State of West Bengal has laid down strict guidelines against custodial violence. If you are subjected to police torture, you can: file a complaint with the National Human Rights Commission (NHRC) at nhrc.nic.in or call 1800-345-4000, file an FIR against the officers, approach the High Court for compensation, and file a departmental complaint. Courts have awarded substantial compensation in cases of custodial torture.

Laws that apply

  • Article 21 — Right to life and personal liberty
  • BNS Sections 115-117 — Voluntarily causing hurt
  • D.K. Basu v. State of West Bengal (1997) — Guidelines against custodial violence