The Delhi High Court awarded Rs 18.44 lakh compensation to the father of a 19-year-old who died in police custody, holding the State constitutionally liable. The Court ruled that custodial deaths, including suicide, reflect a failure of the State’s duty to protect life.
The Delhi High Court directed the State to pay Rs. 18.44 lakh as compensation to the father of a 19-year-old who died by hanging while in police custody at Karawal Nagar Police Station. The Court held that the State has an absolute, strict, and non-delegable duty to safeguard the life of any person held in its custody.
Allowing the father’s petition under Article 226 of the Constitution, Justice Sachin Datta ruled that the custodial death violated the deceased’s fundamental right to life under Article 21, and that the State would be constitutionally liable even if the death was caused by suicide.
The Court observed that an unnatural death occurring inside a police station cannot be treated as a mere private act unrelated to State responsibility. The Court said:
“An unnatural death in custody, even if by suicide, is not a private act divorced from State responsibility, but reflects an omission of duty on the part of those charged with safekeeping,”
It further rejected the State’s contention that it could escape liability by invoking sovereign immunity, holding that such immunity does not apply when compensation is sought for violation of fundamental rights under Article 226.
The Court also explained that although statutory remedies such as compensation under Section 357A of the Code of Criminal Procedure exist, they do not restrict or eliminate the constitutional authority of the High Court to award compensation for infringement of fundamental rights.
The case stemmed from the death of the petitioner’s son, who was arrested on January 15, 2018 in connection with a criminal case. The father alleged that police officials threatened and assaulted his son and also demanded money for his release.
The next morning, the family was informed that the youth had allegedly died by suicide inside a room at Karawal Nagar Police Station. A medical board later concluded that the cause of death was asphyxia due to ante-mortem hanging. A magisterial inquiry found no evidence of homicide, but a departmental inquiry found the investigating officer and duty officials guilty of gross negligence notably for failing to conduct a medical examination or shift the detainee to a proper lock-up facility. The officials were penalised with permanent forfeiture of one year of approved service.
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The High Court held that the failure of police personnel to properly secure and monitor the detainee established a direct causal link between the State’s omission and the custodial death.
For calculating compensation, the Court applied the multiplier principle laid down by the Supreme Court in Sarla Verma v. Delhi Transport Corporation, observing that constitutional courts can use objective standards to ensure fair compensation in custodial death cases.
The Court treated the deceased’s notional monthly income as Rs. 12,000, added 40% towards future prospects, deducted 50% for personal expenses, and applied a multiplier of 18, leading to a loss of dependency of Rs. 18,14,400. It then added Rs. 15,000 each towards funeral expenses and loss of estate, resulting in a total compensation of Rs. 18,44,400.
Accordingly, the Court directed the respondents to pay the amount to the petitioner’s father within the prescribed time.
Case Title: Shyam Sundar v. State (NCT of Delhi) & Ors.
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