Minor Assaulted In Police Court Calls For Action Rs 4 Lakh Relief

The Gauhati High Court has enhanced compensation to Rs 4 lakh for a minor who was allegedly subjected to custodial violence after being picked up for questioning in a murder case, observing that the evidence in the case prima facie suggested that the minor boy was detained in police custody and subjected to custodial violence.

A division bench of Justices Sanjay Kumar Medhi and Pranjal Das also asked the Director General of Police, Assam, to consider whether departmental proceedings should be initiated against the police officer accused of assaulting the boy, observing that juveniles cannot be arrested or kept in police custody.

“Considering the above aspect of the matter, and prima facie conduct of a member of the police force, an institution which occupies a very significant position in society – it would be desirable that the Director General of Police, Assam, may exercise his wise discretion as to whether the respondent no. 7…needs to be proceeded with departmentally also, so as to uphold the prestige and dignity of a vital institution like the Police,” the order dated June 24 read.

The bench further noted that the boy was not even an accused in the murder case for which he had been picked up.

The case was filed by the victim’s mother, who alleged that her minor son was picked up by police in February 2016 on suspicion in a murder case.

She claimed that he was subjected to custodial violence, admitted to hospital days later with soft tissue injuries and that his education suffered because of the incident.

In its reply, the police admitted that the petitioner’s son was brought to the outpost but it denied in the affidavit that he was subjected to any custodial violence.

Examining the original General Diary entries, medical records and other materials, the High Court noted that the police was not able to dispel the contention that the petitioner’s son was a minor at the relevant time.

The Court also referred to an earlier direction issued during the proceedings ordering registration of a criminal case over the injuries.

Pursuant to that order, police registered a case in 2023 and filed a chargesheet against the police officer in question under Sections 342 and 323 of the IPC, read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act.

Since the criminal trial is pending, the bench refrained from making observations on custodial violence.

“We cannot say much about the custodial violence, for not causing any prejudice to the trial against respondent no. 7, and the same would be governed by the standard of proof beyond reasonable doubt,” the court said.

However, it held that the available materials were sufficient to establish that prima facie petitioner’s son was detained in police custody and subjected to custodial violence.

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More