B. Custodial Violence and Torture 5.4 The Commission has always held the view that whenever a person is deprived of his/her liberty and is taken into custody by the concerned authority as per procedure established by the law, it becomes obligatory on the part of that authority to ensure protection to that person, including fulfilment of all his/her basic rights, such as, right to life, right to food, right to health, etc. Custodial violence, including torture, undermines the rule of law. The mere fact that a person is perceived to be a dreaded criminal or threat to the society, does not permit the police or other authorities to deprive the person of his/her basic human rights other than those provided by the law. It also does not give any license to the police to torture him/her for extracting information. Custodial Deaths 5.5 In an important step aimed at curbing custodial violence, the Commission in 1993 issued guidelines to all the States and Union Territories, that all deaths in police and judicial custody — natural or unnatural should be reported to it within 24 hours of the occurrence. These instructions are being strictly insisted upon and authorities are held accountable for any breach. NHRC has further directed that in cases of death in police custody, the post-mortem is to be video-graphed and the videotape sent to the Commission. These measures enable the Commission to exercise checks on custodial torture and violence by the police and other public servants. The Commission has cautioned against custodial deaths/violence, pointing out that the hostile attitude of law enforcement agencies in turn breeds lawlessness and contempt for the enforcing authorities. The NHRC believes that one way of ensuring reduction in custodial crimes is to ensure stern action, including prosecution, against the perpetrators of all forms of custodial violence even those relating to torture and assault. In several such cases, the Commission has recommended disciplinary action against the delinquent officials and granted monetary relief to the victims or their next of kin. However, in many cases, punishment awarded by the authorities in departmental actions is not commensurate with the offence committed. 5.6 During the period 2007-2008, the Commission received 1,789 cases of deaths in judicial custody, 188 cases of deaths in police custody and 4 cases of deaths in para-military/defence forces custody. It disposed off 744 cases of custodial deaths—comprising 662 cases of deaths in judicial custody, 78 cases of deaths in police custody and 4 cases of deaths in para-military/defence forces custody. These figures also include cases of previous years. 5.7 The number of cases of deaths in police and judicial custody registered by the Commission during 1993-1994 was 34. From 1994-1995 till 2007-2008, the Commission registered 2,202 cases of deaths in police custody and 14,609 cases of deaths in judicial custody. The statement showing State/Union Territory-wise and year-wise details of cases registered in the Commission relating to deaths in police and judicial custody from 1993-1994 to 2007-2008 is given at Annexure - 1. The 24 National Human Rights Commission