Patna High Court Orders ₹2 Lakh Compensation To Man Who Was Subjected To 'Severe' Torture, Assault In Police Custody

The Patna High Court has ordered the State Government to pay a compensation of ₹2 lakh to a man who was subjected to severe torture and assault while in police custody.

Applying the principle under Section 106 of the Evidence Act (Burden of proving a fact, especially within knowledge) to the facts of the case, a bench of Justice Bibek Chaudhuri observed that the policemen involved in the case had special knowledge as to who committed custodial violence upon the victim.

"Thus, applying the provision of Section 106 of the Indian Evidence Act, this Court concludes that the Officer-in-charge, lock up in-charge and all other police officers and personnel who were on duty on 4th of July, 2017 from 2 P.M to 5 P.M. are responsible to state how and by whom the son of the petitioner was assaulted in the police lock up of Siwan Muffasil Police Station. On their failure to provide such information, they are liable to be prosecuted," the Court observed.

Further, the Superintendent of Police, Siwan, was directed to lodge a complaint against the Officer-in-Charge, all police officers, and the lock-up in-charge of the concerned police Station under appropriate penal provisions for custodial violence and atrocities perpetrated upon the victim.

The Court passed this order while hearing a criminal writ petition filed by the father of the victim alleging custodial violence perpetrated upon his son.

In his plea, he had sought action against police personnel linked with the matter, accusing them of illegally arresting his son and beating him badly with a lathi, Kicked and punching and causing serious injury to him.

As per the facts alleged by the petitioner, the Vicitm was picked up by police on July 4, 2017, at about 2:30 PM from the Court premises at Siwan in connection with a criminal case under Sections 326, 307, and 34 of the IPC and 27 of the Arms Act on the basis of some confessional statements made by the co-accused persons.

Per the GD Entry, the victim was taken to the Muffasil Police Station, Siwan and kept in police custody. The Officer-in-Charge of the Police Station claimed that when the victim complained of breathing problems in the police lock-up, he was immediately taken to the local hospital.

The Medical Officer opined that the nature of the injuries was simple and caused by hard and blunt objects. Further, considering serious injuries, he was referred to Patna Medical College & Hospital from where he was discharged only on the 7th of July, 2017

It was also apprised to the Court that although the victim filed an application on the 5th of July, 2017, before the Chief Judicial Magistrate, Siwan, stating that he was severely assaulted in Siwan Town Police Station, no action was taken. In fact, the police authorities, too, didn't do anything in the matter.

In fact, on the 8th of July 2017, when he was produced before the Chief Judicial Magistrate, he told the Court about feeling pain in his chest and legs. 

Against the backdrop of these facts, the Court noted that from the beginning, the victim made complaints of police atrocity. The Court also noted that it was undisputed that after his arrest, he was under the custody of police and that he was brought before the Medical Officer in injured condition.

Further, applying the provision of Section 106 of the Indian Evidence Act, the Court concluded that the Officer-in-charge, lock-up in-charge, and all other police officers and personnel who were on duty on July 4th, 2017, from 2:00 PM to 5:00 PM, bore the responsibility of elucidating how and by whom the victim was assaulted in the police lock-up and should they fail to furnish such information, they may face prosecution.

The Court also referred to the Supreme Court's verdict in the case of State of M.P. v. Shyamsunder Trivedi & Ors. (1995) wherein it was observed thus:

"The Courts must not lose sight of the fact that death in police custody is perhaps one of the worst kind of crimes in a civilised society, governed by the rule of law and poses a serious threat to an orderly civilised society. Torture in custody flouts the basic rights of the citizens recognised by the Patna High Court CR. WJC No.2525 of 2017 dt.23-04-2024 2/13 Indian Constitution and is an affront to human dignity. Police excesses and the maltreatment of detainees/undertrial prisoners or suspects tarnishes the image of any civilised nation and encourages the men in 'Khaki' to consider themselves to be above the law and sometimes even to become law unto themselves”

In view of this, the Court directed that a complaint be lodged against the erring police officials and that Rs. 2 lakh be paid to the victim.

Case title - Dinesh Kumar Singh vs State of Bihar and others

Citation: 2024 LiveLaw (Pat) 35

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