Custodial Violence is a sincere effort that is nothing but torture in police or judicial custody. Custodial Violence is known to have existed in India in one form or the other. It has emerged as a major issue of human rights concern. The main motive of this study is to establish the need of a rigid and sue-generis law aiding the current safeguards available. The need of the hour is to enact a law prohibiting Custodial Violence and torture. Time and again, Supreme Court and High Courts have expressed their interest for an effective legislation prohibiting the torture against the prisoners. But since Independence, the country lacks a permanent and effective legislation for the same purpose. This study has been done to analyse the present scenario of legal provisions and to determine where do the legislation lacks behind that it is unable to tackle the increasing custodial torture and violence. It also recommends considering 273rd report of the Law Commission, 2017.