Custodial death: Erring officials to pay compensation from salary

Bhartesh Singh Thakur

Chandigarh, May 13

With the Haryana Government amending the custodial death compensation policy, now 50 per cent of the compensation will be paid by erring officials in case of death due to custodial torture or beating.

CUSTODIAL DEATH

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Compensation in case a prisoner dies by suicide has been enhanced from Rs 5 lakh to Rs 7.5 lakh I Notification issued

The notification, dated May 4, reads, “At least 50 per cent of the compensation paid in cases of torture/beating by prison staff may be deducted from the salary of the erring officer(s)/official(s). Exact percentage of deduction and the ratio to be applied on the delinquent individual officer(s)/official(s) (if they are more than one) will be determined by the Director General (DG) of Prisons.”

The compensation to be paid to the next of kin or legal heir of prisoners on account of death due to quarrels among prisoners, torture/beating by prison staff, negligence in duty by prison officials, and negligence of medical/para-medical officials has been kept the same at Rs 7.5 lakh as it was mentioned in the previous notification of June 29, 2021.

However, compensation in case a prisoner dies by suicide has been enhanced from Rs 5 lakh to Rs 7.5 lakh.

The Superintendent of the jail concerned has to send a detailed report along with a copy of the magisterial inquiry report, post-mortem examination report, final cause of death, medical history at the time of admission in jail and details of medical treatment, if any given to the prisoner prior to the custodial death, to the DG Prisons, Haryana.

The DG Prisons will then forward it to the state government for grant of appropriate compensation.

Now, reasons for death due to negligence in duty by prison staff or death due to the negligence of medical/para-medical officials can only be attributed if proved in an inquiry conducted by a judicial magistrate under Section 176 of the Code of Criminal Procedure (CrPC).

“The new provisions will keep the jail staff in check. Every death in jail is investigated by a judicial magistrate. The compensation given in case of custodial death is for the family of inmates,” said DG Prisons Mohammad Akil.

“Enhancement in the compensation for death due to suicide by a prisoner is a welcome step. Also, the financial burden imposed on guilty officials is praiseworthy. But they should be punished too,” said Deep Bhatia, acting chairperson, Haryana Human Rights Commission.