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vinod bansal (lawyer)     17 September 2008

suit for compensation on account of custodial torture

Sir


    When i  was in jail in a criminal case there jailer and his staffer tortured me badly and i got a fracture in my hand,i was admitted in hospital by jail authority,i had filed a criminal complaint against culprits but now i want to file a suit for compensation also,please guide me under which law/provision i can do so.........Thanx



 1 Replies

N.K.Assumi (Advocate)     18 September 2008

Dear vinod,


                           In this Country law has prohibited use of Custodial violence in clear unmistakable terms. This is what the Supreme Court had said"The police,with their wide powers are apt to overstep their zeal to  detect crimes and are tempted to use the strong arm against those who happen to fall under their secluded jurisdiction. That tendency and temptation must in the larger interest of justice,be nipped in the bud. 1977 Supreme Court Cases (Cri) pages 444-445 See also Sunil Batra's  Case (1980) (3) SCC.


                        Yes, if your version is true, the law is on your side. Beside criminal case you can move a civil case for compensation also. See the case of Raghubir Singh's Case (1980) Cr.L.J. 801.


                       Ask you lawyer to see "Convention Against Torture And Other Cruel,Inhuman And degrading Treatment Or Punishment" Adopted by the United Nations in 1984, which came into force in 1987. You can also approach any member of Amnesty International, of your locality.


With you against Custodial Torture.


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