Delhi High Court Awards ₹18 Lakh Compensation In Custodial Death Case, Cites State's 'Heightened Duty Of Care'
The Delhi High Court has awarded compensation of Rs. 18.44 lakh to the father of a 19-year-old who died an unnatural death while in police custody, observing that the State bears an “absolute and inalienable duty” to protect the life and dignity of persons in its custody. [2026 LiveLaw (Del) 604]Justice Sachin Datta underscored that when a person is deprived of liberty and placed in...
The Delhi High Court has awarded compensation of Rs. 18.44 lakh to the father of a 19-year-old who died an unnatural death while in police custody, observing that the State bears an “absolute and inalienable duty” to protect the life and dignity of persons in its custody. [2026 LiveLaw (Del) 604]
Justice Sachin Datta underscored that when a person is deprived of liberty and placed in the custody of the State, the authorities assume a heightened duty of care.
“Any lapse resulting in death within custody, whether attributed to violence, negligence, unexplained circumstances or even suicide, demands judicial scrutiny, for it implicates both the dignity of the individual and the credibility of the justice system,” the Court said.
Relying on various precedents on compensation awarded in custodial death cases, the Court observed that an unnatural death in custody, even if by suicide, is not a private act divorced from State responsibility, but reflects an omission of duty on the part of those charged with safekeeping.
It added that the State cannot escape responsibility by invoking statutory schemes or by contending absence of direct culpability.
“The very fact of custodial death, being unnatural, attracts liability and obliges the Court to mould relief in the form of compensation. This Court is therefore of the view that the custodial death of the petitioner's son, being unnatural, attracts liability. The State, as custodian of life and liberty, is bound to compensate the next of kin for the infringement of fundamental rights under Article 21. The entitlement of the petitioner to compensation is thus beyond dispute. Having held that compensation is payable, the next question that arises is the determination of its quantum,” it held.
The Court was dealing with a petition filed by one Shyam Sundar seeking compensation following the death of his son Deepak, who died while in custody at Police Station Karawal Nagar in connection with an FIR registered in 2017.
According to the father, his som was arrested on January 15, 2018. It was alleged that police officials had subjected him to physical assault and also demanded money for securing his release.
The following day, the father was informed that his son had allegedly committed suicide in custody and was later declared brought dead at the hospital.
At the outset, the Court said that it was not required to adjudicate upon the precise cause of death or upon the allegations of foul play or custodial violence in the matter as it was undisputed that the deceased suffered an unnatural death in custody at Police Station Karawal Nagar.
It added that the issue was limited to the entitlement of the father, on account of an unnatural death of his son in custody, to compensation and the appropriate quantum thereof, rather than to the attribution of criminal culpability or the establishment of foul play.
“Custodial death is not merely an individual tragedy but a matter of systemic concern, striking at the very foundation of the rule of law. When a person is deprived of liberty and placed in the custody of the State, the authorities assume a heightened duty of care,” the Court said.
Title: SHYAM SUNDAR v. STATE (NCT OF DELHI) & ORS
Citation: 2026 LiveLaw (Del) 604