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Criminal LawSupreme Court of India

Amol Vitthalrao Kadu v. State of Maharashtra

Criminal Appeal · 2018 INSC 1185Decided 10 Dec 2018
Criminal Appeal No. 1585 of 2018
Justice Uday Umesh Lalit · Justice R. Subhash Reddy

Background

The parents and daughter of a man named Pravin, who died an unnatural death while in police lock-up at Vajirabad Police Station, Nanded, had filed a writ petition before the Bombay High Court. The High Court ordered the State to pay the family Rs. 7 lakh in compensation and directed that this amount be recovered personally from the investigating officer in charge, even though no one's criminal liability for the death had yet been determined. That officer appealed to the Supreme Court against the recovery direction.

Decision Breakdown

The Supreme Court held that while monetary compensation to the family for a violation of the fundamental right to life was appropriate (citing D.K. Basu v. State of West Bengal), it was premature to recover that amount from a specific official before his personal liability for the death was actually established. The Court modified the High Court's order, holding that the State could recover the compensation from the erring officials only once liability for the crime is formally fixed in the pending proceedings. The appeal was disposed of on these modified terms.

Lesson Learnt

Compensation owed by the State for a wrongful death in custody can be paid to victims immediately, but recovering that money from a specific official requires first establishing that official's actual legal responsibility through proper proceedings: it cannot be presumed in advance.

Amol Vitthalrao Kadu v. State of Maharashtra – Legal Case Shots | LegalAware