This article will give an overview on the issues pertaining to death in custody ranging from custodial death cases, inquests, protection of detainees in police custody, and constitutional rights of the detainees. The cases of custodial deaths due to police brutality are a serious issue. Studies show that the figures of custodial deaths due to misfeasance of the police in Malaysia are alarming. This of course will undermine and erode the public’s confidence in the police force for death in custody will raises the public interest and attracts media attention. It is one of the worst crimes in a society governed by the rule of law, and poses a serious threat to an orderly civilised society. Torture in custody infringes the basic rights of the citizens and is an affront to human dignity. Hence, it is important to pay urgent attention to this matter, and drastic measures should be taken to avoid or reduce the deaths in police custody. At the end of the article, the writer will make recommendations for the purpose of improving the present system.