Detention Beyond Release Date Violates Article 21: SC Grants Rs 7.5 Lakh Compensation To Convict Kept In Prison In...
Supreme Court on Illegal Detention Beyond Release Date
The Supreme Court of India has consistently held that keeping a person in prison beyond the period of their lawful sentence is a direct violation of Article 21 of the Constitution of India, which guarantees the right to life and personal liberty.
Recently, the SC granted ₹7.5 lakh compensation to a convict who was kept in jail even after completing his sentence.
Why It Violates Article 21?
Article 21: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
If a person has already served the full term of imprisonment as per court orders, continued detention is without authority of law.
Such detention is considered illegal confinement, violating the prisoner’s fundamental right to personal liberty.
Key Supreme Court Reasoning
Illegal detention is a constitutional wrong – Not just a violation of statutory rights but of fundamental rights.
Compensation is a constitutional remedy – Since no monetary value can truly restore lost liberty, compensation is awarded as public law remedy for violation of fundamental rights.
State is liable – The government is responsible for ensuring prisoners are released on time. If its officers fail, the State must pay damages.
Important Case Laws
Rudul Sah v. State of Bihar (1983)
Facts: Petitioner kept in jail for 14 years even after acquittal.
SC: Ordered his release and granted compensation, holding that illegal detention violates Article 21.
Nilabati Behera v. State of Orissa (1993)
Facts: Death of a person in police custody.
SC: Compensation awarded to family; held that public law remedy for Article 21 violation includes monetary compensation.
Common Cause v. Union of India (1996)
SC observed that continued imprisonment beyond lawful sentence is unconstitutional.
Bhagwan Dass v. State of Haryana (2014)
SC again stated that any detention beyond the period prescribed by law is illegal and unconstitutional.
In the Present Case (2025)
A convict had completed his sentence but was not released by prison authorities on time.
The SC found this as a blatant violation of Article 21.
Court awarded ₹7.5 lakh compensation to the victim.
Principle Established
Detention beyond the release date = Illegal confinement = Violation of Article 21.
The State has a strict duty to ensure timely release of prisoners.
Victim is entitled to monetary compensation as a constitutional remedy.
✅ In short: Once a convict finishes his lawful sentence, keeping him even a single day longer in prison is unconstitutional. The Supreme Court treats this as a grave violation of personal liberty under Article 21 and awards compensation.
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