Context: Two Models of Policing

In the metaphorical darkness of a crime scene, two contrasting policing figures emerge:

• Sherlock Holmes: Rational, methodical, and committed to evidence-based investigation. He symbolizes a justice system driven by logic and truth.
• Dirty Harry: Impulsive, violent, and dismissive of due process. For him, justice is achieved through force and immediate action, regardless of legality.

These fictional personas represent real policing ideologies in India, raising a critical question:
Do we want a justice system based on truth or one driven by vengeance?

The Cost of Impunity: A Deepening National Crisis

The recent custodial death of 27-year-old Ajith Kumar in Tamil Nadu is not an isolated incident—it exemplifies a systemic crisis.

Statistics and Patterns

• From 2018 to 2023, 687 custodial deaths were reported in India—an average of 2 to 3 deaths per week.
• Gujarat, Maharashtra, and Tamil Nadu lead in custodial deaths.
• Many such deaths are falsely labeled as natural causes or suicides to obscure the truth.

Torture Outside Official Custody

• Often carried out in remote or informal locations—such as police vans, secluded buildings, or even cow sheds (as in Ajith’s case).

Who Are the Victims?

• Predominantly from marginalised backgrounds:
• Daily-wage earners
• Dalits and tribals
• Migrants and slum residents

Conclusion

Custodial torture is not merely misconduct—it is institutionalised violence, deeply rooted in caste, class, and systemic power imbalances.

Legal and Moral Gaps

Despite legal safeguards, custodial violence remains widespread.

Existing Protections

• D.K. Basu Guidelines (1996) – Supreme Court’s procedural safeguards for arrests and detentions.
• K.S. Puttaswamy Judgment (2017) – Reaffirmed bodily autonomy as a fundamental right.

Unfulfilled Reforms

• The 273rd Law Commission Report (2017) recommended a dedicated anti-torture law, but Parliament has not acted.
• India has not ratified the UN Convention Against Torture.
• The Global Torture Index (2025) ranks India as a high-risk country, reflecting international concern.

The Scientific and Strategic Case Against Torture

Why Torture Doesn’t Work

• Neuroscientist Shane O’Mara, in Why Torture Doesn’t Work, explains that torture:
• Disrupts brain functions crucial for memory and reasoning
• Causes victims to give false or misleading information to stop the pain

Historical Failures of Torture-Based Interrogation

• French forces in Algeria used torture—resulting in faulty intelligence.
• CIA’s “enhanced interrogation” techniques failed to produce useful data (U.S. Senate Intelligence Committee Report, 2014).
• In Ajith Kumar’s case, a coerced confession led to no evidence, only more brutality.

What Actually Works: The Case for Reform

The PEACE Model

After the wrongful conviction of six men in the Birmingham pub bombings, the UK adopted the PEACE model:

• Preparation and Planning
• Engage and Explain
• Account
• Closure
• Evaluation

This approach emphasizes:

• Rapport-building
• Open-ended questions
• Transparency, leading to:
• Fewer false confessions
• Higher conviction accuracy
• Improved public trust

Global Adoption

• Norway, Canada, and New Zealand have implemented the PEACE model.
• Backed by:
• European Committee for the Prevention of Torture
• Studies from the U.S. High-Value Detainee Interrogation Group

Proven Results

• Norwegian police calmly extracted a full confession from mass killer Anders Breivik.
• In the U.S., Najibullah Zazi, involved in a terror plot, fully cooperated after respectful treatment—leading to dismantling of a larger network.

Conclusion: Choose Truth Over Violence

Each custodial death signals a systemic failure to uphold justice.

Urgent Steps for Reform

• Ratify the UN Convention Against Torture
• Pass a standalone anti-torture law
• Incorporate the PEACE model into police training
• Enforce zero-tolerance policy against custodial abuse

When truth can be extracted through patience, respect, and intellect, as Sherlock Holmes shows us, there is no justification for following Dirty Harry’s path of brutality.