Nilabati Behera v. State of Orissa
(1993) 2 SCC 746 · Supreme Court of India
Death in police custody attracted monetary compensation as a public-law remedy, distinct from private tort.
Unit V · Human Rights Law
Custodial violence and public-law compensation
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Constitution of India | 21 | Life and dignity of prisoners and detainees |
| Protection of Human Rights Act, 1993 | 12(a) | Inquire into violation of human rights |
| Bharatiya Nagarik Suraksha Sanhita, 2023 | 48 / 53 | Search of place entered by person sought to be arrested; examination of accused |
Landmark cases
D.K. Basu v. State of West Bengal
(1997) 1 SCC 416 · Supreme Court of India
Custodial torture is not a valid tool of investigation; violation invites contempt, compensation and prosecution.