Nilabati Behera v State of Orissa
Supreme Court of IndiaAIR 1993 SC 1960Bench: A.M. Ahmadi J, J.S. Verma J, N. Venkatachala J
The State is liable to pay compensation for custodial death caused by police negligence or brutality. Under public law remedy via Article 32, the Court can award compensation as a meaningful remedy for violation of fundamental rights. Rs 1,50,000 compensation was awarded. The defense of sovereign immunity under private law does not apply in constitutional tort proceedings.