The National Crime Records Bureau data from 2017 to 2022 shows that there have been more than 270 cases of custodial rape reported in Uttar Pradesh and Madhya Pradesh. The accused in these cases include policemen and remand home staff. Uttar Pradesh has recorded the highest number of custodial rape cases during this period.

The National Crime Records Bureau (NCRB) has released data showing that over 270 cases of custodial rape have been reported between 2017 and 2022. Women’s rights activists attribute these cases to a lack of sensitivity and accountability within the law enforcement system.

According to the NCRB, the perpetrators of rape in custody include police officers, public servants, members of the armed forces, jail staff, remand home staff, individuals at detention facilities, and hospital staff.

Section 376 (2) of the IPC
Cases of custodial rape are filed under Section 376 (2) of the Indian Penal Code, which addresses rape committed by a police officer, jailer, or other person with legal custody of a woman. This section specifically deals with instances where the perpetrator exploits their position and authority to rape a woman in custody.

Custodial arrangements facilitate rape – Poonam Muttreja
Poonam Muttreja, Executive Director of the Population Foundation of India, stated that custodial arrangements create opportunities for custodial rape, where government officials often abuse their power for sexual gratification. She highlighted instances where women in custody have been subjected to sexual violence due to their vulnerable status, reflecting the misuse of power under the guise of protection.

Muttreja emphasized that patriarchal social norms, insufficient gender-sensitivity training for law enforcement, and victim-blaming contribute to custodial rape. Addressing these issues requires a victim-centered approach, robust legal framework, and institutional reforms.

To address the root causes and consequences of such cases effectively, the government should implement legal reforms, enhance law enforcement training, promote social and behavioral change communication to challenge norms, and establish stronger accountability systems.

Partnerships with NGOs, civil society, and community groups can provide additional support and information.

Custodial rape is prevalent in police stations.
Referencing NCRC data, Nguvu Change leader Pallabi Ghosh highlighted a culture of impunity and victim-blaming in law enforcement that hinders justice. She noted that custodial rape is common in police stations.

Pallabi emphasized the need to enhance sensitivity and awareness among police officers, as interactions with victims often lack empathy. She underscored the importance of naming culprits and involving others to achieve justice in custodial rape cases.