Five Days of Illegal Detention Must Cost Rs 1.25 Lakh, Rules Allahabad High Court in Gyanti Devi v. State of U.P.
Case: Gyanti Devi and 2 Others v. State of U.P. and 3 Others
Date of Judgment: 29 October 2026
Court: Allahabad High Court
Coram: Justice Atul Sreedharan and Justice Achal Sachdev
Court Observation
“This Court is of the opinion that, for the period of five days undergone by petitioner No. 2 in custody without adherence to the procedure established by law, compensation at the rate of Rs. 25,000/- per day is granted, which amounts to Rs. 1,25,000/-.”
Summary
The Allahabad High Court has ordered the State to pay Rs 1.25 lakh to a man who was kept in illegal police custody for five days, holding that the investigating officer had demonstrated an “arrogance of authority” by detaining him without following the procedure established by law. The compensation, calculated at Rs 25,000 for each day of unlawful detention, is to be recovered from the police officers found guilty of the illegal detention after an inquiry.
The Court also made clear that the compensation does not prevent the man from separately suing the Police Department in an action in tort for damages. It further observed that if the investigating officer is found guilty in the departmental inquiry, the harshest punishment for his deliberate actions should be considered.
Key Holdings
- Detention of a person for five days without adherence to the procedure established by law is illegal custody entitling the detenue to compensation.
- Compensation for unlawful detention may be quantified at Rs 25,000 per day of illegal custody.
- Compensation paid by the State for illegal detention should be recovered from the officers found guilty after inquiry.
- A compensation award for illegal detention does not preclude a separate civil claim in tort for damages.
Directions Issued
- The State shall pay Rs 1,25,000 to petitioner No. 2 as compensation for the five days of illegal detention.
- The compensation paid shall be recovered from such persons who, after an inquiry, are found guilty of having detained him.
Background
Gyanti Devi moved a habeas corpus petition seeking the release of her son, Chandan Rajbhar, who was detained by police after he eloped with an 18-year-old woman. An FIR was registered on 18 July 2026 at Salempur police station in Deoria under Section 87 of the Bharatiya Nyaya Sanhita, alleging that the woman was kidnapped with the intention of compelling her to enter into a marriage. Rajbhar claimed he was kept in unlawful detention from 28 August to 02 September 2026, with his arrest memo prepared only on 02 September. A police inquiry report accepted that the investigating officer had deliberately kept him in illegal confinement during that period, and the Superintendent of Police, Deoria, initiated departmental proceedings against the officer on 21 October 2026.
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Disclaimer: This is a summary prepared for informational purposes only and does not constitute legal advice. Readers should refer to the official judgment for the authoritative text.
