Question

Given below are two statements: one is labelled as Assertion A and the other is labelled as Reason R
Assertion A: Police Custodial Torture and Death are falsely fabricated as Human Right Violation.
Reason R: The police gives justification of custodial torture as a "necessary evil" as hardened criminals understand the language of violence only.
In the light of the above statements, choose the most appropriate answer from the options given below:

• A. Both A and R are correct and R is the correct explanation of A.
• B. Both A and R are correct but R is NOT the correct explanation of A.
• C. A is correct but R is not correct.
• D. A is not correct but R is correct.

Hint:

Article 21 of the Constitution guarantees protection of life and personal liberty even to accused and arrested persons.

Answer 1

The Correct Option is D

Concept:

• Custodial torture is an act of inflicting physical or mental pain on a person in police custody.
• International law (UN Convention Against Torture) and Indian law (Article 21) strictly prohibit torture.
• The DK Basu guidelines provide strict safeguards against custodial violence.

Step 1: Evaluate Assertion A
Assertion A states that custodial torture/death are "falsely fabricated" as human rights violations. This is factually and legally incorrect. Torture is a recognized and severe violation of fundamental human rights. Therefore, A is not correct.

Step 2: Evaluate Reason R
Reason R describes a sociological and professional reality. Police officers often use the "necessary evil" or "third-degree" justification, claiming it is the only way to extract information from "hardened" criminals. While this justification is illegal, the statement that "the police gives such justification" is a true observation. Therefore, R is correct.

Step 3: Final Choice
Since A is false and R is true, we select option (D).