murder vs compensation
Querist :
Anonymous
(Querist) 07 July 2011
This query is : Resolved
A murdered B.
B's dependents want to sue A for compensation.
Can they sue A for compensation and what is the way???
PALNITKAR V.V.
(Expert) 08 July 2011
Yes. A suit for compensation can be filed under law of Torts.
Raj Kumar Makkad
(Expert) 08 July 2011
It is better for the dependents of B to persue criminal case wherein compromise on compensation can be made and amount shall definitely be on much higher side. Otherwise also, there are no such instances in India wherein dependents instead of seeking criminal action, may have demanded only compensation against murder.
barun deka
(Expert) 08 July 2011
no way..... no suit for compensation will ever lie..... tort is concerned with a civil wrong and not with a criminal offence such as murder
@mr. makkad no criminal action can be compromised on compensation not unless it is a compoundable offence under S.320. if at all a criminal action is initiated it will always be an offence against the state i.e. state versus the accused. the victims family will not be a party
PALNITKAR V.V.
(Expert) 08 July 2011
I respectfully differ with Expert Barun Deka. But law of torts entitles the LRs to claim compensation in a case that is covered by criminal law as well e.g. defamation, assault, battery etc. I also dont know why expert like Mr. Makkad did not give a direct reply. But I feel that there should be more discussion on this topic. I would also like to have knowledge on this issue.
barun deka
(Expert) 11 July 2011
@ palnitkar V V
Very nice observation. But i believe anything that involves compensation is not necessarily tort. Compensation can be solely punitive at times.
Coming to the question of battery and assault. Under common law battery, assault are considered to have a tortious liability maybe the intention or negligence factor taken into account. Interestingly both the criminal action and the civil action in such a case may end up in compensation but criminal law recognizes degrees of various crimes involving physical contact, there is but a single tort of battery or assault irrespective of the injury caused. Now as we all know the law of torts is not codified. So any disobedience of civil duty not resulting in breach of a contract and not considered an offense under any prevailing criminal law began to be treated as a civil wrong to fall within the parameters of a tort. However our law makers tended to mix up the whole thing by including sections such 279 IPC, 125 CrPC, 500 IPC under the criminal law department which led to a lot of concurrent jurisdiction. the basic distinguishing yard stick however remains that any action resulting in breach of duty owed to the society at large/in general were crimes and it was taken to be the responsibility of the State to prosecute them and to avoid private prosecutions. Murder in my opinion and several others is one such crime which cannot be held to be breach of duty owed to the victim or his family alone but to the whole society and therefore it is always registered as a GR case (general register) and never as CC case. Therefore in my view a suit for compensation will never lie or any private prosecution for that matter
Querist :
Anonymous
(Querist) 11 July 2011
Barun sir, when 304A gives cause of action to claim compensation then why does 302 IPC not??
only discrimination is of intention between both the section then why do you think that compensation for murder does not comes in the ambit of sec 9 of cpc.
PALNITKAR V.V.
(Expert) 14 July 2011
How does an aggravated form of assault and battery resulting into murder, loses character of breach of duty towards an individual and assumes character of breach of duty towards society alone and nothing else? The state prosecutes persons for several other offences against body of an individual e.g. 324,325,326 of IPC. Does that mean that an individual can not ask for compensation for causing hurt? Is the murder not an injury? Is murder possible without causing of hurt or assault or use of criminal force? If compensation can be asked for hurt then why not for murder which is aggravated form. Which law prevents it? Is there any prohibition in law? Sec. 9 of CPC specifically says that unless barred a civil court has jurisdiction to try all the civil suits. so unless there is a bar no court would be able to refuse to entertain a suit for compensation for murder. Foreign Court have already recognized that suit for compensation for murder lies!
