NEW DELHI: More than 270 cases of rape in custody were registered from 2017 to 2022, according to NCRB data, with women rights activists attributing such instances to a lack of sensitisation and accountability within law enforcement systems.
The offenders include police personnel, public servants, members of the armed forces and staff of jails, remand homes, places of custody and hospitals, according to the data of the National Crime Records Bureau (NCRB). The data highlights that there has been a gradual decrease in such cases over the years. There were 24 cases registered in 2022, down from 26 in 2021, 29 in 2020, 47 in 2019, 60 in 2018 and 89 in 2017.
Cases of custodial rape are registered under Indian Penal Code section 376 (2). It pertains to the offense of rape committed by a police officer, jailer, or any other person who has the lawful custody of a woman. This section specifically deals with cases where the perpetrator takes advantage of their position of authority or custody to commit the crime of rape against a woman. Of the 275 cases of custodial rape registered since 2017, Uttar Pradesh accounts for the highest number of cases at 92, followed by Madhya Pradesh at 43 cases.
“Custodial settings provide unique opportunities for abuse, with state agents often using their power to force or coerce sexual access,” Population Foundation of India, executive director, Poonam Muttreja said.