Introduction:

The Patna High Court has issued a significant ruling ordering the State Government to pay compensation of ₹2 lakh to a man who suffered severe torture while in police custody. The court’s decision came in response to a criminal writ petition filed by the victim’s father, seeking action against police personnel responsible for the custodial violence.

Arguments:

The petitioner alleged that his son was illegally arrested and subjected to brutal assault by the police, resulting in serious injuries. The State Government, represented in court, contended that the victim’s injuries were caused by hard and blunt objects, but failed to provide satisfactory explanations regarding the incident.

Court’s Judgment:

Applying the principle under Section 106 of the Evidence Act, the court held the police officers responsible for elucidating how and by whom the victim was assaulted in the police lock-up. Failure to provide such information would lead to prosecution. Citing the Supreme Court’s observation in a similar case, the court emphasized the gravity of custodial torture and the need to uphold human dignity.