The Orissa High Court has held that the family of an undertrial prisoner who died in jail custody from injuries inflicted on him by co-inmates is entitled to compensation, where the enquiry found that the death resulted from the negligence of the jail authority. It noted that the State did not dispute that the deceased died in custody, and relied on decisions awarding compensation for custodial deaths as a public law remedy for violation of Article 21 of the Constitution of India.

The Court directed the State to pay ₹15 lakh to the family of Charan Behera, who died in the Special Sub-jail, Bhanjanagar in July 2023. The State had contended that the family was entitled only to ₹3 lakh under a Home Department notification dated March 2, 2023, and that no scheme provided for compassionate appointment. The Court nonetheless directed appointment of the widow in a suitable Group-D post as a special case.

A Single Judge Bench of Justice Biraja Prasanna Satapathy observed, “…the enquiring authority in his finding has come to a definite conclusion that because of the negligence of the Jail Authority, the deceased while in jail custody with effect from 11.07.2023, died on 15.07.2023. Since it is not disputed that the deceased while in custody died on 15.07.2023 because of the injuries inflicted on him by the co-convicts, this Court placing reliance on the decision as cited supra, is inclined to allow the prayer made in the Writ Petition. While allowing the same, this Court directs Opposite Party No.1 to release compensation amount of Rs.15,00,000/- in favour of the Petitioners and also take appropriate steps in providing compassionate appointment to Petitioner No.1 as against any Group D post under the Department”.

“…This Court also directs Opposite Party No.1 to provide compassionate appointment in favour of Petitioner No.1 in any suitable Group-D post coming under the Department as a special case”, it further noted.

Advocate L. Achari appeared for the petitioner and C.K. Pradhan, Additional Government Advocate appeared for the respondent.

Behera was arrested in a Bellaguntha police station case on July 11, 2023 and remanded to the Special Sub-jail, Bhanjanagar as an undertrial. On July 15, 2023, he was taken in the jail ambulance to the Sub-Divisional Hospital, where he was declared brought dead. The post-mortem recorded multiple abrasions and bruises on his arm, flank and back.

The judicial enquiry found the death to be homicidal, where fellow inmates in the quarantine ward deposed that a life convict-cum-watcher had severely assaulted Behera with a plastic pipe, which they said the jail authority had supplied to him to create fear among prisoners. The enquiry recorded that the Jailer-cum-Superintendent claimed the death was due to cardiac arrest, a version contradicted by the jail medical officer, who had found Behera’s pulse not palpable and multiple injuries on his body before he left the jail. It concluded that Behera’s life could have been saved had the jail staff performed their duties under the Odisha Jail Manual.

Behera’s widow, three minor children and parents sought ₹15 lakh with interest, compassionate appointment, and the quashing of the 2023 notification. They relied on decisions including Satyabhama Das, Kunja Parida and Kamala Tadingi, and on a November 2025 judgment of the Court awarding ₹20 lakh for a custodial death.

Relying on the enquiry report and the final form, the Court allowed the petition. It directed that ₹10 lakh be released to the widow and ₹5 lakh be kept in a fixed deposit for six years in the name of the minor daughter. The exercise, including the appointment, is to be completed within two months.

Cause Title: Sasi Behera & Ors. v. State of Odisha & Ors. (W.P.(C) No. 5194 of 2025)

Appearances:

Petitioners: Advocate L. Achari

Opposite Parties: C.K. Pradhan, Additional Government Advocate.

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Justice Biraja Prasanna SatapathyOrissa High Court

Agatha Shukla