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Supreme Court of India 2017-03-20 allowed

State of Orissa vs Duleswar Barik

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A person was convicted of murder and sentenced to death, but the High Court later acquitted him on grounds of insanity and ordered his detention in hospital for medical treatment. His father sought custody, which was granted. The High Court then directed payment of Rs. 20 lakhs compensation for detention despite acquittal. The Supreme Court held that because the detention was pursuant to the High Court's own protective medical order—not State negligence—no compensation could be awarded. The Court allowed the State's appeal and set aside the compensation order.

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Constitutional Law Criminal Procedure Compensation Wrongful Detention Insanity Acquittal

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