Does Indian Law Envisage Compensation For Illegal Detention

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Does Indian law envisage compensation for illegal

detention

Yes, Indian Law does have provision for the illegal detention to be
compensated.
Illegal Detention is an infringement of the person’s fundamental right of Life
and Personal Liberty as mentioned in Article-21 of the Constitution of India. In
defence of this Court can issue the writ of Habeas Corpus under Article-32 of
the Constitution of India to present the said person in front of the court.
While if we talk about the Monetary Compensation, it is on the discretion of
the court, as in many cases based on the circumstances of the case the Court
has decided to provide compensation terms of money to the person illegally
detained. Radul Shah v. State of Bihar was the first case in which compensation
was awarded by the writ court. In a recent judgement of the Manipur High
Court, the court directed the state authority to pay Rs. 50,000 to a person who
was wrongly detained for 13 days.
But, detention is not just of the person it can also be of property, when a
property is illegally detained by some other person it can be of a variety of
nature, it can be theft, extortion, robbery, dacoity, mischief, cheating, etc.
These all violations or illegal detentions are covered in Chapter 17 of the Indian
Penal Code, 1860. Compensation for these offences are punishable under such
chapter.
Other than the Indian Penal Code, Section 5 and 6 of Specific Relief Act, also
talks about property detention. Section 145 of Code of Criminal Procedure also
talks about the same.

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