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Report No. 152

8. Interim Compensation

Issue No. 8

Whether the law should provide for interim compensation in a case where as a result of the enquiry prima facie case of torture, injury or death on account of injury caused in custody is made out?

Response of the Academicians

Both the academicians supp'orted the proposal of the Law Commission for interim compensation if the prima facie case is made out.

Response of the Judges

Out of the fifteen Judges, four agreed with the proposal of interim compensation. One has suggested the amount of Rs. 1,00,000 in case of death and Rs. 50,000 in disablement, 20,000 for any other injury. Another gives Rs. 50,000 in death and Rs. 10,000 for injury. The other says reasonable compensation be given. One judge who disagreed feels that such a measure will create unnecessary complication. One judge has not responded to the issue directly.

Response of the Advocates

All the six Advocates are in favour of interim compensation. Out of them three Advocates are of the view that the interim compensation should be given by the Trial Court as soon as the charges are framed.

Response of the Police Officers

Out of these twelve Officers, ten have dearly recommended interim compensation and two have not touched the issue.

Response of State Governments/Union Territories

Out of nine, the views of five are in favour of interim compensation and four are opposed to such proposal. The Government of Andhra Pradesh is of the view that a provision for payment of interim compensation when a prima facie case is made out, is essential. The Governments of Pondicherry and Mizoram also endorse this view. The Governments of Bihar and Goa also favoured the proposal.



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