Topic

Custodial Death

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Article 21 | State Liable for Custodial Death in Mental Hospital; Compensation Calculated Using Motor Accident Formulae for Dependent Child’s Permanent Disability : Bombay HC
Case Law Analysis
|Bombay High Court

Article 21 | State Liable for Custodial Death in Mental Hospital; Compensation Calculated Using Motor Accident Formulae for Dependent Child’s Permanent Disability : Bombay HC

The Bombay High Court held the State liable for gross negligence leading to a patient’s death in Yerwada Mental Hospital, awarding Rs.22 lakh compensation by adapting motor accident claim principles to custodial death. This sets a precedent for calculating damages in mental health custodial cases, especially when dependents suffer permanent disability, reinforcing the state’s non-delegable duty under Article 21.

Registration of Births and Deaths Act | Death Proven by Medical, Post-Mortem & Religious Evidence Bars Non-Availability Certificate: Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

Registration of Births and Deaths Act | Death Proven by Medical, Post-Mortem & Religious Evidence Bars Non-Availability Certificate: Punjab & Haryana HC

The Punjab & Haryana High Court has ruled that when death is conclusively established through medical records, post-mortem report, and religious certification, authorities cannot deny a death certificate on technical grounds like form defects. This sets a binding standard for registrars: once death is proven, a certificate must be issued within two weeks of proper application, safeguarding families' rights to legal recognition and benefits.