ISSN2320-2882
Impact Factor9.17
UGC ParametersAligned
Low Cost₹1501 / $59
CrossRefDOI
ESTD2013
Peer ReviewTransparent
AccessOpen
Submission: Always Open
Paper Title
CUSTODIAL DEATH: LEGAL FRAMEWORK OF INDIA AND USA
Authors
Shobha , Dr. Amritpal Kaur
Keywords
State responsibility, Custodial violence, Comparative legal analysis, Human rights, Police accountability, Constitutional law, Torture prevention, Rule of law.
Abstract
Custodial violence is one of the most persistent and disturbing issues to the rule of law, safeguarding human rights, and the sanctity of constitutional governance. The issue of torture, deaths, and abuse within the confines of custody still occurs even with constitutional protections, statutory bans, and judicial policies, to demonstrate how weak the state accountability systems remain. This paper gives a comparative law study on the issue of custodial violence and state responsibility in the United States and India, two democracies that, though having different constitutional traditions, share similarities of individual rights and due process. Using constitutional provisions, statutory frameworks and case law leading judicial precedents, the paper will explore how each jurisdiction conceptualises and applies state responsibility to custodial abuse. It also determines the efficiency of domestic remedy, checks and balances on compliance with international human rights duties through instruments like the United Nations Convention against Torture. The study provides systemic deficits, institutional cultures and enforcement asymmetries as the drivers of impunity through doctrinal, comparative and empirical lenses. The paper is concluded by recommendations on legal and policy changes that can be made to increase accountability, promote transparency and make custodial environments indicative of democratic principles of dignity, justice and inviolability of human life.
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IJCRT — journal style
"CUSTODIAL DEATH: LEGAL FRAMEWORK OF INDIA AND USA", IJCRT - International Journal of Creative Research Thoughts (www.ijcrt.org), ISSN:2320-2882, Vol.13, Issue 10, page no.g936-g957, October 2025, Available :https://ijcrt.org/papers/IJCRT2510810.pdf
APA — 7th edition
Shobha, & Kaur, A. (2025). CUSTODIAL DEATH: LEGAL FRAMEWORK OF INDIA AND USA. International Journal of Creative Research Thoughts, 13(10), g936-g957. https://ijcrt.org/viewpaperforall.php?paper=IJCRT2510810
MLA — 9th edition
Shobha, and Amritpal Kaur. "CUSTODIAL DEATH: LEGAL FRAMEWORK OF INDIA AND USA." International Journal of Creative Research Thoughts, vol. 13, no. 10, 2025, pp. g936-g957, https://ijcrt.org/viewpaperforall.php?paper=IJCRT2510810.
Chicago — 17th, bibliography
Shobha, and Amritpal Kaur. "CUSTODIAL DEATH: LEGAL FRAMEWORK OF INDIA AND USA." International Journal of Creative Research Thoughts 13, no. 10 (2025): g936-g957. https://ijcrt.org/viewpaperforall.php?paper=IJCRT2510810.
Harvard — author–date
Shobha and Kaur, A. (2025) 'CUSTODIAL DEATH: LEGAL FRAMEWORK OF INDIA AND USA', International Journal of Creative Research Thoughts, 13(10), pp. g936-g957. Available at: https://ijcrt.org/viewpaperforall.php?paper=IJCRT2510810
IEEE — numbered reference
Shobha and A. Kaur, "CUSTODIAL DEATH: LEGAL FRAMEWORK OF INDIA AND USA," IJCRT, vol. 13, no. 10, pp. g936-g957, Nov. 2025.
Vancouver — biomedical
Shobha, Kaur A. CUSTODIAL DEATH: LEGAL FRAMEWORK OF INDIA AND USA. IJCRT. 2025 Nov;13(10):g936-g957.
AMA — 11th edition
Shobha, Kaur A. CUSTODIAL DEATH: LEGAL FRAMEWORK OF INDIA AND USA. IJCRT. 2025;13(10):g936-g957. Accessed at https://ijcrt.org/viewpaperforall.php?paper=IJCRT2510810
BibTeX — Zotero, Mendeley, LaTeX
@article{IJCRT2510810,
author = {Shobha and Amritpal Kaur},
title = {CUSTODIAL DEATH: LEGAL FRAMEWORK OF INDIA AND USA},
journal = {International Journal of Creative Research Thoughts},
volume = {13},
number = {10},
pages = {g936-g957},
year = {2025},
month = {November},
issn = {2320-2882},
url = {https://ijcrt.org/viewpaperforall.php?paper=IJCRT2510810}
}
RIS — EndNote, RefWorks
TY - JOUR
AU - Shobha
AU - Kaur, Amritpal
TI - CUSTODIAL DEATH: LEGAL FRAMEWORK OF INDIA AND USA
T2 - International Journal of Creative Research Thoughts
JA - IJCRT
VL - 13
IS - 10
PY - 2025
SN - 2320-2882
UR - https://ijcrt.org/viewpaperforall.php?paper=IJCRT2510810
SP - g936-g957
ER -
Issue
Volume 13 Issue 10,
November-2025
Pages : g936-g957
Article Information
- Published In
- International Journal of Creative Research Thoughts — Volume 13, Issue 10, November 2025
- Pages
- g936-g957
- Published
- November 2025
- Registration ID
- IJCRT_295918
- Published Paper ID
- IJCRT2510810
- Research Area
- Science and Technology
- Author Type
- Indian Author
- Location
- India
- Peer Review
- Request Peer Review Report
- Licence
- CC BY 4.0 · Open Access
- ISSN & Impact Factor
- 2320-2882 · IF 9.17
- Downloads
- 253
- Permanent Link
- https://ijcrt.org/viewpaperforall.php?paper=IJCRT2510810
- Published Paper PDF
- https://ijcrt.org/papers/IJCRT2510810.pdf
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International Journal of Creative Research Thoughts
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The authors would like to thank the reviewers and the editorial board of International Journal of Creative Research Thoughts for their careful reading and constructive comments, and all colleagues who supported the preparation of this manuscript.
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