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Supreme Court of India 2018-12-10 allowed

Amol Vitthalrao Kadu vs State of Maharashtra & Ors

Bench: 2 — Uday Umesh Lalit

In Brief

A police officer challenged a High Court order directing him to refund compensation paid by the state for a death in police custody. The deceased's family had been awarded Rs. 7 lakhs in damages under Article 21. The Supreme Court held that compensation must be paid by the state immediately on the basis of strict liability, but recovery of that amount from erring officials should only occur after their liability is established through criminal proceedings. The Court modified the High Court's direction accordingly.

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Criminal Law Constitutional Law Police Custody Deaths State Liability Compensation Fundamental Rights Article 21

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