NCRB data: 275 custodial rape cases registered between 2017 and 2022

More than 270 cases of rape in custody were registered from 2017 to 2022, according to National Crime Records Bureau (NCRB) data. Women rights activists have attributed such instances to lack of sensitisation and accountability within law enforcement systems.

According to NCRB records, the perpetrators of these crimes encompass a spectrum ranging from police personnel and public servants to members of the armed forces and staff of various custodial facilities such as jails, remand homes, and hospitals.

Despite a gradual decline in reported cases over the years, the statistics remain alarming. In 2022, 24 cases were registered, marking a decrease 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 offence 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.

Poonam Muttreja, the Executive Director of the Population Foundation of India, underscored the unique vulnerabilities inherent in custodial settings, where state agents may exploit their authority to coerce sexual access. She said that individuals, often brought into custody for protection or due to vulnerable circumstances such as victims of trafficking or domestic violence, find themselves subjected to sexual violence—a stark betrayal of the state’s duty to protect.

Muttreja highlighted a complex interplay of factors contributing to custodial rape, including patriarchal social norms, insufficient gender-sensitivity training for law enforcement personnel, and societal stigma surrounding victims.

Urgent action is imperative, she asserted, advocating for victim-centric approaches, fortified legal frameworks, and institutional reforms to effectively address the root causes and consequences of custodial rape.

The multifaceted strategy she proposed encompasses legal reforms, enhanced law enforcement training, social and behavioural change initiatives to challenge entrenched norms, and robust accountability mechanisms. Collaboration with NGOs, civil society, and community groups is deemed essential for fostering a comprehensive and informed response to this grave societal issue.

Reflecting on her experiences as a Nguvu Change Leader from women’s leadership organisation Nguvu collective undertaking rescue operations, Pallabi Ghosh shared troubling accounts of survivors alleging rape by police officers.

Drawing from her experiences as a Nguvu Change Leader from the women’s leadership organisation Nguvu Collective, Pallabi Ghosh shared troubling accounts of survivors alleging rape by police officers.

Ghosh denounced the prevailing culture of impunity and victim-blaming within law enforcement, which deters survivors from seeking justice.

She underscored the urgent need for sensitisation and awareness among police personnel, coupled with effective legal mechanisms to hold perpetrators accountable. Ghosh laments the systemic barriers survivors face in lodging complaints for custodial violence, emphasising the necessity of securing convictions against perpetrators to ensure justice prevails.