निलाबती बेहरा बनाम उड़ीसा राज्य
| Citation | AIR 1993 SC 1960 |
| Court | Supreme Court of India |
| Date | 24 March 1993 |
| Year | 1993 |
| Bench | J.S. Verma, A.S. Anand, N. Venkatachala JJ. |
| Acts/Articles | Article 21, Article 32 |
| Category | Constitutional Law, Criminal Law |
Key Principle Established
State is liable to pay compensation for custodial death as a public law remedy under Article 32/226, independent of any civil or criminal proceedings.
Suman Behera, aged 22, was taken into police custody. The next day his dead body was found on railway tracks with multiple injuries. His mother wrote a letter to the Supreme Court which was treated as a writ petition.
The Court held that award of compensation in a writ petition under Article 32 is a public law remedy based on strict liability of the State for violation of fundamental rights. This remedy is independent of any civil suit or criminal prosecution. The State was directed to pay ₹1,50,000 compensation.
This judgment established the constitutional tort doctrine in India — the State is strictly liable for custodial deaths and must pay compensation. It remains the foundational case on public law compensation for rights violations.
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Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.