Custodial Death!
Apurva Kumar
(Querist) 10 September 2009
This query is : Resolved
An accused was bought to court on a trial date as trial date was fixed at that day while returning to jail under the supervision of jail authority he the accused was shot to death does it come under the preview of custodial death? Any case law plzzz nybody could provide!!!! the accused was having a nice antecedent recorda!
Regards!
AP!riven
Kiran Kumar
(Expert) 10 September 2009
well in my opinion, if the death has not been caused by Police then it cannot be termed as custodial death.
if he was under supervision of jail authorities, the jail authorities can not be held liable for his death unless the contrary is proved like lack of adequate supervision in case of some threat recived in this context or involvement of some police official etc....riven
charudureja
(Expert) 10 September 2009
custodial death doesnt mean death caused due to any reason, it is the death caused by the police or the authorities or due to their negligence if the accused in coustody has died will be termed as custodial death. so accordingly ur case does fall under custodial deathriven
LEGAL DON OF INDIA
(Expert) 12 September 2009
The safety & security of the accused while traveling from The Court to Jail & vice versa is the responsibility of the Jail as well as Police authorities, and in case of the occurrence of any untoward incident due to their carelessness / negligence both the said authorities stand responsible as well as liable.riven
