Comprehension
Torture is a form of crudity and a barbarity which appals modern civilisation. The right to freedom from torture is enshrined in number of human rights instruments which provide for protection of all individuals from being intentionally subjected to severe physical or psychological distress by, or with the approval or acquiescence of government agents acting for a specific purpose, such as to obtain information. The issues of fake encounters; illegal, unjustified and unwarranted arrests without any valid ground; eliciting confession from innocent persons for offences which they have never committed, by way of custodial violence; etc., have always been subject-matters of consideration by the Indian courts. Police atrocities in India had always been a subject-matter of controversy and debate. In view of the provisions of Article 21 of the Constitution of India, any form of torture or cruel, inhuman or degrading treatment is inhibited. Torture is not permissible whether it occurs during investigation, interrogation or otherwise. The State must protect victims of torture and ill-treatment. Therefore, the State must ensure prohibition of torture, cruel, inhuman and degrading treatment to any person, particularly at the hands of any State agency/police force. Tolerance of police atrocities amounts to acceptance of systematic subversion and erosion of the rule of law
Question: 1

India has ______ the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (1987).

Updated On: Jul 10, 2026
  • Signed and ratified
  • Signed but not ratified
  • Not signed
  • Passed a resolution to ratify
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The Correct Option is B

Approach Solution - 1

The correct option is (B) : Signed but not ratified
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Approach Solution -2

The question is about India's actual treaty status with respect to the UN Convention Against Torture, which is a straightforward factual matter rather than one of interpretation.

  1. Option A: India put its signature to the Convention in 1997, but it has not deposited an instrument of ratification, so describing India as having both signed and ratified the treaty does not reflect the current position.
  2. Option B: India signed the Convention in 1997 and has, over the years, taken steps such as the Law Commission's 273rd Report recommending implementing legislation, but ratification itself has still not taken place. This accurately reflects India's actual status under the Convention.
  3. Option C: India did sign the Convention, so treating it as not having signed at all is factually incorrect.
  4. Option D: Recommendations and draft bills for enabling legislation have been proposed, but a resolution formally committing to ratify, followed by actual ratification, has not occurred, so this overstates where matters currently stand.

India remains a signatory to the Convention without having completed ratification.

Therefore, the correct answer is Signed but not ratified.

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Question: 2

Which of the following is the legislation proposed by the Law Commission of India through its Report No. 273 on ‘Implementation of United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment through Legislation’ in October 2017?

Updated On: Jul 10, 2026
  • The Prevention of Torture Bill, 2017.
  • The Prohibition of Torture and other Cruel, Inhuman and Degrading Treatment or Punishment Bill, 2017.
  • The United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment (Implementation) Bill, 2017
  • The Prohibition of Custodial Torture Bill, 2017.
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The Correct Option is A

Approach Solution - 1

The correct option is (A) : The Prevention of Torture Bill, 2017.
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Approach Solution -2

The question asks for the exact title of the draft legislation the Law Commission attached to its 273rd Report, so the options need to be checked against the actual name used in that report rather than against similar-sounding titles.

  1. Option A: The Law Commission's 273rd Report, submitted in October 2017 on implementing the UN Convention Against Torture, annexed a draft bill titled the Prevention of Torture Bill, 2017. This is the title the Commission actually used.
  2. Option B: A title along the lines of a Prohibition of Torture Bill sounds plausible but does not match the name the Commission gave its draft legislation in that report.
  3. Option C: The Commission's draft bill was not styled as an implementation statute named directly after the Convention; it was given its own short title rather than one built around the Convention's name.
  4. Option D: A Prohibition of Custodial Torture Bill would narrow the scope to custodial settings specifically, whereas the Commission's draft was framed more broadly, consistent with its actual title.

The draft legislation the 273rd Report proposed carries a specific, recorded title distinct from the other options offered.

Therefore, the correct answer is The Prevention of Torture Bill, 2017.

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Question: 3

Which of the following provisions of the Constitution of India provide for protection of persons from torture, other cruel, inhuman and degrading treatment?

Updated On: Jul 10, 2026
  • Article 20(3) and Article 21.
  • Article 21 and Article 22(1).
  • Article 21 and Article 22(2).
  • Article 20(3), Article 21, Article 22(1) and Article 22(2).
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The Correct Option is D

Approach Solution - 1

The correct option is (D) : Article 20(3), Article 21, Article 22(1) and Article 22(2).
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Approach Solution -2

The question asks which constitutional provisions collectively safeguard a person from torture and other cruel, inhuman or degrading treatment at the hands of the State. This is best approached by testing what protection each cited provision independently offers, then checking whether any three-provision combination captures the full protective scheme.

  1. Option (A) - Article 20(3) and Article 21: Article 20(3) protects against testimonial compulsion (the right against self-incrimination), which guards against coercive interrogation methods that often escalate into torture, while Article 21 guarantees that no person shall be deprived of life or personal liberty except by procedure established by law, a guarantee the courts have read to include the right to live with human dignity and to be free from custodial violence. Taken alone, however, this pair says nothing about the specific safeguards that operate at the moment of arrest and during the earliest hours of detention, which is exactly when custodial abuse is most likely to occur.
  2. Option (B) - Article 21 and Article 22(1): Article 22(1) adds the right to be informed of the grounds of arrest and the right to consult and be defended by a legal practitioner of one's choice, both of which deter unlawful and unaccountable detention. This combination still leaves out the requirement that a person be produced before a magistrate promptly, a safeguard that is essential to preventing prolonged, unsupervised custody where torture is most likely.
  3. Option (C) - Article 21 and Article 22(2): Article 22(2) requires production of the arrested person before the nearest magistrate within twenty-four hours, excluding travel time, which checks unsupervised custody. But this pairing drops the right to know the grounds of arrest and to consult a lawyer, both of which are equally central to preventing coercive treatment before that twenty-four hour mark is reached.
  4. Option (D) - Article 20(3), Article 21, Article 22(1) and Article 22(2): Read together, these four provisions cover the complete chain of protection: the privilege against self-incrimination during interrogation, the substantive guarantee of life and personal liberty with dignity, the right to know why one has been arrested and to consult counsel, and the mandatory production before a magistrate within twenty-four hours. No single provision or partial pairing achieves this complete coverage on its own.

Since protection from custodial torture and degrading treatment is not the product of any one article but of this entire constitutional scheme operating together, the complete set in option (D) is the only combination that fully answers the question.

Hence, the correct answer is Article 20(3), Article 21, Article 22(1) and Article 22(2).

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Question: 4

In which of the following cases did the Supreme Court of India, while dealing with a case in which a successful scientist having national reputation had been taken into police custody without any justifying cause, reprimanded the lackadaisical attitude of the police for the arrest which made the scientist to suffer ignominy, and awarded compensation of Rs.50 lakhs “to compensate the suffering, anxiety and the treatment by which the quintessence of life and liberty under the Constitution withers away”?

Updated On: Jul 10, 2026
  • Sheela Barse v. State of Maharashtra, (1983) 2 SCC 96
  • State of Andhra Pradesh v. Challa Ramakrishna Reddy, (2000) 5 SCC 712
  • S. Nambi Narayanan v. Siby Mathews, (2015) 14 SCC 664.
  • State of Andhra Pradesh v. N. Venugopal, AIR 1964 SC 33.
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The Correct Option is C

Approach Solution - 1

The correct option is (C) : S. Nambi Narayanan v. Siby Mathews, (2015) 14 SCC 664.
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Approach Solution -2

This question describes a specific, identifiable fact pattern - a scientist of national reputation taken into police custody without justifying cause, reprimand of the police's lackadaisical attitude, and a compensation award of Rs. 50 lakhs tied to the phrase about the "quintessence of life and liberty" withering away. The most reliable way to answer is to match these distinctive facts to the case that actually produced them, ruling out the others on their own facts.

  1. Option (A) - Sheela Barse v. State of Maharashtra: this case concerned custodial violence against women prisoners in police lock-ups in Bombay and led to guidelines on the treatment and interrogation of women in custody. It does not involve a scientist or a Rs. 50 lakh compensation award, so it does not fit the facts.
  2. Option (B) - State of Andhra Pradesh v. Challa Ramakrishna Reddy: this case dealt with the death of an undertrial prisoner caused by the state's negligence in providing a secure lock-up, and it established that sovereign immunity cannot be pleaded against a claim for violation of a fundamental right. It does not concern a wrongly arrested scientist either.
  3. Option (C) - S. Nambi Narayanan v. Siby Mathews: this is the ISRO espionage case, where a senior scientist of national standing was arrested on fabricated espionage charges, later found baseless, and subjected to prolonged custodial humiliation. The Supreme Court criticised the casual and high-handed conduct of the investigating officers and awarded Rs. 50 lakhs compensation, using language about the erosion of the "quintessence of life and liberty" guaranteed by the Constitution. Every detail in the question matches this case precisely.
  4. Option (D) - State of Andhra Pradesh v. N. Venugopal: this is an older 1964 decision concerning custodial death and confessions recorded in police custody, unconnected to a scientist or a compensation award of this magnitude.

Only the Nambi Narayanan case reproduces the specific narrative given in the question - a reputed scientist, an unjustified arrest, police apathy reprimanded by the Court, and the particular compensation figure and language used.

Hence, the correct answer is S. Nambi Narayanan v. Siby Mathews, (2015) 14 SCC 664.

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Question: 5

Which of the following statements is true regarding ‘arrest’ and ‘custody’?

Updated On: Jul 10, 2026
  • In every custody, there is arrest but not vice versa, and both the words ‘custody’ and ‘arrest’ are not synonymous terms.
  • In every custody, there is arrest but not vice versa, and both the words ‘custody’ and ‘arrest’ are interchangeable terms
  • In every arrest, there is custody but not vice versa, and both the words ‘custody’ and ‘arrest’ are not synonymous terms.
  • In every arrest, there is custody but not vice versa, and both the words ‘custody’ and ‘arrest’ are interchangeable terms
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The Correct Option is C

Approach Solution - 1

The correct option is (C) : In every arrest, there is custody but not vice versa, and both the words ‘custody’ and ‘arrest’ are not synonymous terms.
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Approach Solution -2

This question tests the precise legal relationship between the terms "arrest" and "custody", which are often used loosely but carry distinct meanings in criminal procedure. The way to work it out is to define each term's scope first and then see which option correctly states the direction of inclusion.

  1. Option (A) - custody includes arrest, and the terms are not synonymous: this gets the direction of inclusion backwards. Custody is actually the broader idea - a person can be in the custody of the police (for instance, appearing for questioning, or being in judicial custody after being produced before a court) without having been formally arrested, so it cannot be said that every custody involves an arrest.
  2. Option (B) - custody includes arrest, and the terms are interchangeable: this compounds the same error of direction with the additional error of treating them as synonyms, when in fact the words describe overlapping but distinct legal states.
  3. Option (C) - arrest includes custody, and the terms are not synonymous: arrest is a specific act - actual restraint of a person's body, communicated to them, coupled with the intention to take them into the formal process of the criminal law. Whenever a person is arrested, they are necessarily also in custody, since the act of arrest itself places them under restraint, but a person can be in custody (say, surrendering, being detained for questioning, or being under judicial custody by court order) without having gone through a formal arrest. This correctly identifies custody as the wider term and confirms that the two words are not synonymous, since custody can exist without arrest even though arrest cannot exist without custody.
  4. Option (D) - arrest includes custody, and the terms are interchangeable: this correctly reverses the direction of inclusion but wrongly treats the two words as synonyms, when courts have consistently held they carry different legal consequences and are not interchangeable.

Only option (C) gets both parts right: it places custody as the broader category that always accompanies arrest but can also exist independently of it, and it correctly denies that the two terms mean the same thing.

Hence, the correct answer is in every arrest there is custody but not vice versa, and both the words 'custody' and 'arrest' are not synonymous terms.

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Question: 6

In which of the following cases did the Supreme Court of India, while dealing with the case of a social activist who agitated against the issue of exploitation of people belonging to poor and marginalised sections of the society and was falsely roped in criminal cases, arrested and physically assaulted in police custody, noted, “If the functionaries of the Government become law-breakers, it is bound to breed contempt for law and would encourage lawlessness and every man would have the tendency to become law unto himself thereby leading to anarchy.”?

Updated On: Jul 10, 2026
  • Mehmood Nayyar Azam v. State of Chhattisgarh, (2012) 8 SCC 1.
  • Ramlila Maidan Incident, In re, 2012 (5) SCC 1.
  • Anuradha Bhasin v. Union of India, (2020) 3 SCC 637
  • Nisha Priya Bhatia v. Union of India, (2020) 13 SCC 56
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The Correct Option is A

Approach Solution - 1

The correct option is (A) : Mehmood Nayyar Azam v. State of Chhattisgarh, (2012) 8 SCC 1.
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Approach Solution -2

The question again gives a distinctive fact pattern to match: a social activist who campaigned against exploitation of the poor and marginalised, who was falsely implicated in criminal cases, arrested and physically assaulted in custody, in a judgment that contains the quoted warning against government functionaries becoming law-breakers and thereby breeding anarchy. The approach is to test each case against these specific facts rather than recall the quote in isolation.

  1. Option (A) - Mehmood Nayyar Azam v. State of Chhattisgarh: this case involved a social activist who had taken up the cause of marginalised and exploited persons and was falsely implicated in criminal cases, arrested, and subjected to physical assault and humiliation while in custody. The Supreme Court strongly condemned this abuse of state power and used language, including the warning about government functionaries turning into law-breakers, to emphasise that unchecked custodial excess would breed lawlessness and anarchy. This matches the fact pattern in full.
  2. Option (B) - Ramlila Maidan Incident, In re: this case arose from the forcible and midnight eviction of a large public assembly gathered for a protest at Ramlila Maidan, and concerned the right to peaceful assembly and excessive use of force by the police against a crowd, not the individual persecution of a single social activist through false criminal cases.
  3. Option (C) - Anuradha Bhasin v. Union of India: this case concerned the suspension of internet and communication services in Jammu and Kashmir and the freedom of the press and trade, an entirely different subject matter involving restrictions on communication rather than custodial assault of an activist.
  4. Option (D) - Nisha Priya Bhatia v. Union of India: this case concerned the grievances of a woman intelligence officer regarding sexual harassment and subsequent adverse action within her department, a service and harassment matter rather than a case of a social activist falsely implicated and assaulted in police custody.

Since only the Mehmood Nayyar Azam case matches the description of a social activist falsely implicated, arrested and assaulted in custody, and contains the quoted observation about lawlessness and anarchy, it is the correct match.

Hence, the correct answer is Mehmood Nayyar Azam v. State of Chhattisgarh, (2012) 8 SCC 1.

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