Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Penal Code Custodial Death |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Custodial Death - Writ petition alleging custodial death - Compensation sought - State responding that FIR lodged and erring officials charged u/ss.330, 342 and 306 /PC, sanction for prosecution granted and cognizance of offences taken - Held: In view of the facts, no further direction required at this stage - Prayer for compensation not acceptable as the issue as to whether the death was custodial, yet to be decided - Penal Code, 1860 - ss. 330, 342 and 306. Constitution of India, 1950 - Articles 21, 20(3) and 22 - Custodial violence and torture is defiance of the rights flowing from Constitution - Increase of such violence raises serious questions about the credibility of rule of law and administration of criminal justice system - universal Declaration of Human Rights, 1948 - Article 5. Criminal trial - Adherence to principle of proof beyond reasonable doubt - In Police torture cases - Held: Exaggerated and strict adherence to the principle in such cases, often results in miscarriage of justice - Courts to deal with such cases in realistic manner. The petitioner filed the writ petition before this Court alleging that his son was done to death in police custody and the police officials were giving the death, a colour of suicide, attempting to protect the erring police officials. Petitioner also sought compensation.On notice, respondent-State stated that FIR had been registered and certain police officials had been charged for commission of offences punishable u/ss. 330, 342 and 306 IPC. Sanction for prosecution had also been given. Charge-sheet had been filed. Accused had surrendered before Court and their bail had been rejected. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 98 |
Petitioner | Dalbir Singh |
Respondent | State Of U.p. And Ors. |
SCR | [2009] 1 S.C.R. 824 |
Judgement Date | 2009-02-03 |
Case Number | 193 |
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