SAHELI, A WOMEN'S RESOURCES CENTRE, THROUGH MS. NALINI BHANOT AND ORS. versus COMMISSIONER OF POLICE, DELHI POLICE HEAD QUARTERS AND ORS.

Citation: [1989] SUPP. 2 S.C.R. 488 · Decided: 14-12-1989 · Supreme Court of India · Bench: B.C. RAY · Disposal: Disposed off
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Judgment (excerpt)

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B 
c 
SAHELI, A WOMEN'S RESOURCES CENTRE, THROUGH 
MS. NALINI BHANOT AND ORS. 
v: 
COMMISSIONER OF POLICE, DELHI POLICE HEAD-
QUARTERS AND ORS. 
DECEMBER 14, 1989 
[B.C. RAY ANDS. RATNAVEL PANDIAN, JJ.] 
Constitution of India, 1950: Article 32-Tortious acts of emplo-
yees-Responsibility of State-Death of person due to beating by police 
official-State directed to pay compensation. 
Torts: Vicarious Liability-Death of child due to beating by 
Police-State directed to pay compensation to mother. 
In the Writ Petitions filed on behalf of two women, who were 
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severely beaten by the alleged landlord, in collusion with the local 
police, in their attempts to get the rooms occupied by them vacated, the 
petitioners prayed for directions to the respondents to pay exemplary 
charges to one of the women for the death of her son but to injuries 
inflicted on him by the police. 
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It was alleged that the landlord's son, accompanied by the Station 
House Officer and other police personnel severely beat the woman, and 
her nine year old son, who was clinging to her to protect her, as a result 
of which the child suffered severe injuries and died in the hospital. 
A medico-legal case was registered. The case was investigated by 
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the Inspector of Crime Branch, who submitted his report according to 
which there was a high level conspiracy of the police with the accused in 
getting the rooms occupied by the women vacated and opposed grant of 
bail as it was a clear case under Section 302/120B I.P.C. 
A counter-affidavit on behalf of Respondent No. 1 was filed stat-
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ing that the Station House Officer himself took part in the beatings and 
the minor child was also not spared and the child sustained severe 
injury in the left leg, which was opined as a grievous one, and that the 
injuries inflicted on the child caused fever and pneumonitis, resulting in 
the death of the child, and a case under Sections 308/34 I.P.C. which 
was later altered to 304/34 I.P.C. was registered and one of the accused 
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arrP.sted. 
488 
•. 
SAHEL! v. COMMR. OF POLICE 
489 
Disposing1of the Writ Petitions, this Court, 
HELD: 1.1 An action for damages lies for bodily harm which 
includes battery, assault, false imprisonment, physical injuries and 
death. In cases of assault, battery and false imprisonment, the damages 
are large and represent a solatium for the mental . pain, distress, 
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indignity, loss of liberty and death. l494El 
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1.2 It is well settled tbat tbe State is responsible for the tortious 
acts of its employees. ,[494F] 
In the instant case, it is apparent, from the report-Of the Inspector 
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of the Crime Branch and the counter-affidavit filed on, behalf of the 
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Commissioner of Police and also from the fact that the prosecution has 
been launched in connection with death of the child that the child was 
done to death on account oHhe beating and assault by the agency of the 
sovereign power acting in violation and excess of the power vested in 
such agency. The mother of the child is, therefore, entitled to get 
compensation from respondent No. 2, which is liable for payment of 
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compensation fo[ the death of the child due to beating by the Po!ice 
officials concerned. It is,. therefore, just and proper to direct respon-
dent No. 2 to pay compensation to the mother of the deceased child, a 
sum of Rs. 75,000. [494C-D; 495F]. 
[Respondent No. 2 may take-appropriate steps for recovery of the 
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amount paid as compensation or part thereof from the officers, who will 
be found responsible, .if they are s0 advised. As the Police Officers are 
not parties before the Court, any observation made by the Court in 
justification of this order shall not have any bearing in any proceedings 
specially criminal prosecution pending against the police officials in 
connection with the death of the child.] 1( 495G I 
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Joginder Kaur v. The Punjab State and Ors., [1969] ACJ 28 at 32 
and The State of Rajasthan v. Mst. Vidhyawati and Anr., [1%2] Supp 
2 SCR 989 at 1007, relied on. 
ORIGINAL JURSIDICTION: Writ Petition (Criminal) Nos. 
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250-53 of 1988. 
(Under Article 32 of the Constitution of India). 
Govind Mukhoty and S.K. Bhattacharya for the Petitioners. 
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490 
SUPREME COURT REPORTS 
I 1989] Supp. 2 S.C.R. 
V.C. Mahajan, Ms. A. Subhashini and R.B. Mishra for the 
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Respondents. 
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The Judgment of the Court was delivered by 
RAY, J. These writ petitions have been filed by the Women's 
and Civil Rights Organization known as SAHEL!,
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