Nilabati Behera v State of Orissa (1993) | Custodial Death Compensation, Article 21 | Part 40

If a person dies after being taken into police custody, can the State be ordered to compensate the family for violating the right to life? Nilabati Behera v. State of Orissa (1993) explained in simple English - Articles 21 and 32. Part 40 of 40 in Law Easy's Constitutional Case Laws series for LL.B., CLAT PG, UGC NET Law and judiciary preparation. THE FACTS Nilabati was the mother of Suman Behera. Police took Suman into custody during a theft investigation, and the next day his body was found near a railway track with several injuries. The State claimed he had escaped custody. The Supreme Court examined the evidence and found that he died because of injuries inflicted while in police custody. THE LEGAL QUESTION Can the Court award compensation as a public law remedy for a custodial death, and can the State avoid responsibility using ordinary defences from private law? WHAT THE SUPREME COURT HELD The Supreme Court confirmed that compensation can be awarded as a public law remedy for an established violation of fundamental rights. A public law remedy gives relief for a constitutional wrong - it is different from a private damages case, although ordinary civil claims may also be available. The State cannot avoid constitutional responsibility by pointing to defences that arise in a private lawsuit. KEY POINTS TO REMEMBER Custodial death and the State's responsibility under Article 21 Public law compensation is not a substitute for criminal investigation or prosecution - they can exist alongside each other Built on Rudul Sah: together they show how Articles 32 and 21 provide practical remedies FOR YOUR EXAM Remember: custodial death, State responsibility and the difference between public law compensation and ordinary private remedies. A fundamental right is meaningful only when courts can provide real relief. CONTINUE THE SERIES You have reached the last case of the series. Revisit any case from the playlist below. Related, Part 32: Rudul Sah v State of Bihar (1983) | Compensation for Illegal Detention, Article 21    • Rudul Sah v State of Bihar (1983) | Compen...   Related, Part 39: Sunil Batra v Delhi Administration (1980) | Prisoners' Rights & Article 21    • Sunil Batra v Delhi Administration (1980) ...   All 40 Constitutional Case Laws (playlist):    • 40 Important Constitutional Case Laws | Su...   Complete lecture, all 40 cases in one video:    • 40 Constitutional Case Laws in One Lecture...   (this case starts at 1:29:12) Notes and study material: https://www.thelaweasy.com Subscribe to Law Easy for more Constitutional Law, LL.B., CLAT PG, UGC NET Law and judiciary lectures:    / @laweasyin   Educational content only, not legal advice. Always read the original judgment and check the latest law before relying on a case in an answer or in practice. #ConstitutionalLaw #CLATPG #UGCNETLaw #LawEasy #Article32