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Report No. 152

12.5. Machinery for claiming compensation.-

Assuming that conduct resulting in custodial death or constituting any other custodial crime is a tort, the person entitled to damages under the law of torts can, under the general procedure, file a civil suit in the competent civil court against the persons liable.

The question "who are the persons liable" will have to be determined in conformity with the principles of the law of torts, which inter alia, are relevant for matters such as conditions of liability (including the requirement of fault), immunity from liability and vicarious liability of governmental and non-governmental agencies. As stated above, special enactments applicable to particular types of situations may fortify or supplement the general rule prevailing 'relating to the law of torts.

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