NHRC Suo Motu Guidelines On Gender-Based Violence In Custody (2025 Updates) – IMPRI Impact And Policy Research Institute

Policy Update

Prabhjot Dayal

Background 

The National Human Rights Commission (NHRC), came into being on October 12, 1993, under the Protection of Human Rights Act, 1993 is a statutory body responsible for the protection, promotion, and enforcement of human rights. It includes the right to life, liberty, equality, and dignity as provided under Part III of the Indian Constitution and international instruments such as the Universal Declaration of Human Rights. NHRC is empowered to investigate violations of human rights by public servants suo motu (on its own initiative) without a complaint being made, or upon a petition/ complaint/ court reference. Procedural powers of NHRC are conferred by a civil court under the Code of Criminal Procedure (CrPC). 

The rise in custodial violence has been alarming, with the National Crime Records Bureau’s Prison Statistics India report for 2023 indicating a jail overcrowding rate of 120.8%, with 1,664,662 inmates against a capacity of 1,365,971. This resulted in 1,736 unnatural deaths, mostly due to suicide at a rate of 52.5%, and a total of 5,486 deaths in jails across the country. The NHRC annual report for 2024-25 indicated that in 2021-22 alone, there were 2,150 deaths in judicial custody and 155 deaths in police custody. This builds upon the earlier data that recorded 1,888 custodial deaths between 2000 and 2020 with less than 1% rate of conviction. The need for gender-sensitive custodial policies is a must in this alarming rise in custodial deaths. 

National Judicial Academy’s (NJA) 2024-25 gender sensitization training highlights issues faced by women inmates at 4.1% and often subjected to poor hygiene and medical care; heightened abuse risks for transgender inmates, juvenile inmates at 0.7%, and marginalized SC/ST inmates at 30% more than their actual numbers in jails, which have come from landmark guidelines issued by NHRC in DK Basu vs State of West Bengal in 1997 that mandated provisions such as informing a relative and conducting a medical examination in custodial cases and more recent advisories issued in 2025 by MHA and NHRC regarding reporting custodial deaths within 24 hours and mandating CCTV usage in police stations and custodial facilities.

Functioning (Core Policy Mechanism)

NHRC undertakes suo motu cognizance upon observing media reports or complaints about human rights violations such as custodial deaths or violence through credible sources and registers cases, issuing notices to concerned officials for providing detailed reports within specified time frames, usually 2-4 weeks. This is an effective system under Section 12(a) of the Protection of Human Rights Act, 1993, which enables the commission to take cognizance without awaiting complaints for urgent cases. This is evident in the large number of cases of custodial torture for which teams are sent for fact-finding and NHRC also recommends compensation on prosecution based on their findings.

Reporting Obligations

It is mandatory for State Governments or District Magistrates, Superintendents of Police, or prison officials to report custodial deaths in police or judicial custody within 24 hours through telegram/fax/email to the NHRC. This is followed by a detailed report providing information about the circumstances leading to the death, a video recorded post-mortem examination report, inquest report, and FIR status. Similarly, in cases of custodial violence or torture allegations, immediate action is required to preserve CCTV footage, medical reports of victims, and quarterly reports on pending cases.

Mandatory Safeguards

CCTV cameras with night vision capability and video and audio recording must be installed in all areas of police stations, including entry/ exit points, lock-ups, interrogation rooms, and corridors. The footage must be preserved for at least 18 months on secure servers accessible to oversight committees, judicial magistrates, and complainants. Medical examination must be conducted immediately after arrest and every 48 hours in custody by magistrate-approved doctors using Sexual Assault Evidence Collection kits for women. Female officers must be present during interrogation, search, or medical examination of women/transgender detainees. Male officers cannot be present during these proceedings. Legal aid must be ensured through immediate notification to the District Legal Services Authority after arrest for providing free legal aid for vulnerable groups.

Institutional Coordination

NHRC works in coordination with the State Human Rights Commissions in the country, which are 26 in number, through joint investigations, data exchange, and the development of coordinated guidelines for implementation in the states. The police are directed through NHRC orders on the registration of FIRs, investigations, and prosecution under the IPC’s Section 166A on the failure of duty, with monitoring through the Crime Criminal Tracking Network. 

The prison authorities are involved in the exchange of data on the quarterly statistics of deaths, audits of infrastructure such as CCTV cameras and health conditions in prisons, rehabilitation, with the National Commission for Women on gender-specific issues, and with the Ministry of Home Affairs on the development of common SOPs on the tackling of trafficking cases across the country.

Performance (Last 2-3 Years) 

Custodial Deaths Data

Custodial violence, when analyzed from a gendered perspective, reveals a wide gap. NCRB statistics show that only about 4.1-4.5% of the total prisoners are women (NCRB, 2023). Yet, there is a large over-representation of women. In 2023, there were a total of 281 police custody deaths, with women and transgender persons constituting 17%. Out of 1,736 unnatural deaths in prison, there were 15-20% of sexual violence-related suicides and killings of women. For judicial custody, there were 2,150 deaths in 2021-22, with 935 being from Uttar Pradesh. This is a clear over-representation of women, especially from the Dalit and Muslim communities. NHRC statistics show that there were 2,739 custodial cases in 2024, with over 500 being complaints of gender violence, including rapes and torture during interrogation. Only 281 of these were disposed of, with only 1 being given relief. Dashboard statistics show that 32% of women detainees reported being subjected to custodial violence by staff, similar to intimate partner violence. This peaked at 1,945 total cases in 2020-21, during COVID-related delays. 

 Budget Allocation

The Union Budget for 2025-26 allocated ₹300 crore for prison reform, an increase from ₹280 crore allocated for 2024-25 and Rs. 215 crore for 2022-23. This includes allocations for women’s cells, better sanitation facilities, and CCTV coverage of women’s lock-ups. The Economic Survey shows that there is a governance concern about under-trial women, constituting about 70% of the total women prisoners, being forced to wait as there is a delay in trials owing to violence-related cases. The PIB also shows a ₹5 lakh compensation for negligence of vulnerable women. 

Parliamentary Questions

In Lok Sabha, 20+ questions were raised (2023-25) that highlighted gender violence in prison cells. These questions referred to data from the NCRB that recorded ₹4.45 lakh crimes against women in 2022, a rise of 4%. There were 137,956 cases of domestic violence and cruelty that showed a custodial pattern, with 60% of deaths within 24 hours. The rate of convictions is low, less than 1% for 1,107 police-related deaths between 2011 and 2022. There were also questions about meeting mandated recruitment quotas for women in the police force.

The Home Ministry responded by saying that there were ongoing investigations by NHRC and SHRC into 745 women-only police stations and that there was a 29% rise in reporting gender-based violence.

Table 1. highlights escalating gendered custodial violence trends (rising female % in deaths/complaints) against modest budget gains, signaling urgent reforms for women/trans/minors.

Note: Data from NCRB (2022-24), NHRC Dashboard  

Impact

The protocols of the NHRC promote accountability by requiring the reporting of custodial deaths within 24 hours and initiating suo motu cases. Nevertheless, the low rate of convictions for more than 1,107 police custody deaths (2011-2022, NCRB) remains below 1%. In 2023, the NHRC provided relief for just 1 out of the 281 cases disposed of. This perpetuates impunity, yet BNSS imposes sanctions. Article 21 protections are also being diluted. The NHRC registered 2,739 custodial cases in 2024, of which over 500 involved complaints of gender-based violence. 

In the area of gender justice in custodial settings, there are positive trends. The inclusion of women police and CCTV monitoring are positive steps. Nevertheless, women and transgender prisoners, who make up 4.1% of the total prisoner population, account for 15-20% of unnatural deaths due to sexual assault and suicide (NHRC 2023-24). The situation of the 70% of female prisoners who are undertrials and are subjected to poor hygiene and medical conditions and abuse is alarming. SC/ST women are also more vulnerable by around 30%. The NHRC suo motu cases regarding women prisoners show overcrowding and poor child welfare provisions. 

The report of the SC regarding the enforcement of the states shows considerable variation. The Supreme Court’s CCTV mandate of 2020 requires states to achieve 50-60% by the year 2025. Yet Rajasthan and UP report more than 11 deaths in a matter of a few months due to the imposition of penalties for non-compliance. In Maharashtra, which has a high number of custodial deaths, the SHRC deals with 40% of cases but has been slow in conducting independent investigations.

These gaps propel police reform discourse forward, pushing for non-coercive training, the use of forensic tools, and ethical interrogation in line with the NHRC’s “Manual for Police Officers” and challenging the colonial underpinnings of the Police Act of 1861 itself. The 2023-24 NHRC newsletters reveal increased complaints, though the old systems continue to resist modernization.

The protocols have monitored SDG 5 (Gender Equality) by reducing GBV with women’s-specific protection measures and a 29% increase in GBV reporting due to women’s stations. However, SDG 16 (Just Institutions) remains stagnant due to India’s non-ratification of UNCAT, more than 1,700 unnatural deaths a year, and weak NHRC advisory powers due to issues with impunity in detention-related cases according to UN reports (OHCHR, 2023).

Emerging Issues

Gaps in gender-sensitive prison infrastructure: Establish gender sensitivity training for prison officials and build facilities for women and transgender inmates, including separate cells and facilities, and the provision of hygiene kits and creches.

Weak state compliance: Facilitate statutory monitoring audits with independent committees of the NHRC, with binding punishments for non-reporting of deaths within 24 hours of custody.

Underreporting of custodial sexual violence: Strengthen independent complaint mechanisms through third-party helplines and women-dominated oversight committees to gather anonymous victim testimony.

High death rate within 24 hours of arrest (SPIR 2025): Implement arrest protocols with the involvement of magistrates and video recording immediately after arrest.

Marginalized groups targeted (Dalits, Adivasis, minorities): Expand community oversight committees and enforce anti-discrimination protocols in districts with a high risk of targeting marginalized groups.

Delays and compromised medical care leading to fatal outcomes: Create 48-hour forensic medical examination protocols with independent doctors, with real-time reporting to the NHRC.

Tampered records and post-mortems: Mandate the use of AI-assisted video autopsies and blockchain technology for custody records.

Inadequate CCTV coverage in spite of Supreme Court directives: Develop 100% CCTV coverage in a phased manner with central NHRC-monitored servers and an 18-month data retention mechanism.

Way Forward 

India needs to deploy AI-based CCTV cameras in all custodial spaces, with real-time monitoring by NHRC and 18 months of tamper-proof data storage. Every year, teams of independent, women-led audit teams should carry out gender audits of custodial spaces, training, and GBV reporting for women and transgender prisoners. NHRC guidelines need to be incorporated into BNSS as statutory provisions, with consequences of delayed reporting of deaths within 24 hours and non-performance of video recorded Post Mortem examinations. The unspent ₹7,712 crores of Nirbhaya Funds needs to be consolidated with ₹300 crores allocated for prison modernization to develop women-centric spaces, legal aid kiosks, and Fast Track Trial Rooms for undertrials, with a goal of achieving custodial justice by 2030.

References 

1. National Commission for Women. (2023–2024). Annual report. https://cdn.ncw.gov.in/wp-content/uploads/2025/03/NCWAnnualReport20232024Eng.pdf
2. National Crime Records Bureau. (2023). Prison statistics India. https://ncrb.gov.in/
3. National Human Rights Commission. (n.d.). Acts, rules and guidelines. https://nhrc.nic.in/acts-and-rules/guidelines
4. National Human Rights Commission. (n.d.). Mandate and functions. https://nhrc.nic.in/mandate
5. National Human Rights Commission. (2023–2025). Annual report. https://nhrc.nic.in/assets/uploads/annual_reports/1755187700_d5bfef90db19872e5f9a.pdf
6. Ministry of Home Affairs. (2021). Advisory on prison reforms and custodial practices. https://www.mha.gov.in/sites/default/files/advisory_21052021_0_1.pdf
7. Ministry of Home Affairs. (2025). Guidelines on custodial deaths [Website]. https://www.mha.gov.in/sites/default/files/2025-04/NHRCselectedlettersandguidelinesondeathsincustody_09042019_0%5B1%5D_4.pdf
8. Press Information Bureau. (2025). Government statements on NHRC and prison reforms. https://www.pib.gov.in/PressReleasePage.aspx?PRID=2120090&reg=3&lang=2
9. PRS Legislative Research. (2023–2025). Analysis of BNSS custodial protections. https://prsindia.org/
10. Observer Research Foundation. (2024). Police reforms and accountability in India. https://www.orfonline.org/
11. Office of the United Nations High Commissioner for Human Rights. (2023). NHRI review – India. https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/2030agenda/seventhsession/7th-intersessional-nhri-india-stm.pdf
12. Indian Kanoon. (n.d.). Case law on custodial violence. https://indiankanoon.org/doc/501198/
13. ASV Law Offices. (2024). Suo motu cognisance by Supreme Court: Protecting constitutional rights. https://www.asvlawoffices.com/suo-motu-cognizance-by-supreme-court-protecting-constitutional-rights-and-values/
14. International Journal of Law Research and Analysis. (2025). NHRC’s role in prevention of custodial death. https://www.ijlra.com/details/nhrc%E2%80%99s-role-in-prevention-of-custodial-death-or-death-during-the-course-of-police-action-by-rachna-mishra-utkarsh-mishra
15. The Indian Express. (2025). NHRC and institutional effectiveness debate. https://indianexpress.com/article/legal-news/how-national-human-rights-commission-aims-to-shed-toothless-tag-10384811/
16. BBC News. (2022). Gender-based violence in India. https://www.bbc.com/news/world-asia-india-62830634
17. The Times of India. (2025). Women’s safety in India: Year-end analysis. https://timesofindia.indiatimes.com/india/womens-safety-in-india-between-official-data-and-lived-reality-in-2025-year-ender/articleshow/126190067.cms
18. Firstpost. (2025). Union Budget 2025–26 and prison modernisation.https://www.firstpost.com/india/union-budget-2025-26-sitharaman-proposes-rs-300-cr-to-modernise-indian-prisons-13858728.html

About the Contributor

A Research & Editorial Intern at IMPRI, Prabhjot is a postgraduate in Political Science from Panjab University, Chandigarh with a specialization in Feminist Political Theory and State Politics. Her research and professional interests lie in public policy, gender justice, and inclusive governance, informed by her experience in student leadership, policy advocacy, and community engagement.

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All views expressed in the article belong solely to the author and not necessarily to the organisation.

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