Compensatory Jurisprudence of Constitutional Courts XI : Custodial Violence

We may refer to Division Bench Judgment of Nagpur High Court reported in Bipin Singh Choudhary, AIR 1945 Nagpur, Oudh, Peshawar & Sind 104 where Division Bench consisted of Justice Vivian Bose. The ratio is, in event people holding public office abuse their position, it becomes a matter of great public concern. We fully endorse the view.

The beating of a person in the Police Station is the concern for all and causes a sense of fear in the entire society. The present is a case where Police Officers, more than 75 years of age now, have brutally beaten the deceased, who died the same night. Their offences cannot be compounded by Court. The custodial violence on the deceased, which led to death, is abhorrent and not acceptable in the civilized society. The offence committed is a crime not against the deceased alone but was against humanity.  

We are of the view that compensation awarded was not adequate. Gulab Das v. State of Madhya Pradesh, (2011) 10 SCC 765 refused to compound the offence but the Court proceeded to interfere with the question of sentence.

The sentence awarded is reduced with enhancement of compensation.

Hon’ble Justice Ashok Bhushan, Pravat Chandra Mohanty v. State of Odisha, [Criminal Appeal No. 125 of 2021].