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Custodial Violence Writ Compensation

Prerogative Writs & Extraordinary Remedies

Definition

The award of monetary public law damages by the Supreme Court or High Court under Article 32 or 226 against the State for sovereign violations of the right to life resulting from police brutality, custodial torture, or custodial death.

Example

In D.K. Basu v. State of West Bengal, the Supreme Court established mandatory arrest guidelines and confirmed that courts exercising writ jurisdiction can award financial compensation against the State for custodial deaths.