18 March 2024 Human Right Law >> Civil & Consumer Law   |   Theft >> Criminal Law  

In a recent judgment, the Supreme Court of India increased compensation awarded to a man who was subjected to police brutality and illegal detention. The case highlights the ongoing struggle to ensure proper treatment of individuals in police custody.

The Appellant, who remains unidentified in court documents, was arrested on suspicion of theft. However, according to the court, the arresting officer, Respondent No. 2, subjected him to severe abuse. This included physical assault, verbal humiliation, and parading him half-naked in public.

The Appellant challenged this treatment by filing a writ petition in the High Court. The High Court partially ruled in his favor, awarding him compensation but not ordering criminal prosecution against the officer. The Appellant then appealed to the Supreme Court.

The Supreme Court upheld the lower court's decision on awarding compensation but increased the amount the officer had to pay. The Court also emphasized its disapproval of the officer's actions, calling them a "high-handed abuse of his official position."

While the Court acknowledged the officer's retirement and the compensation already paid, it strongly considered pursuing criminal charges under Article 142 of the Indian Constitution. Ultimately, they decided against it due to the aforementioned factors.

The judgment additionally issued a general directive to all law enforcement agencies in India. This directive emphasizes the importance of strictly following existing legal guidelines for the treatment of individuals under arrest.

The case serves as a reminder of the ongoing battle to prevent police brutality and ensure the dignity of detainees in India. The Supreme Court's judgment reinforces the importance of holding officers accountable for misconduct while highlighting the need for continued vigilance in this area.

Indian Evidence Act, 1872        

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989