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2026 INSC 840 • Supreme Court of India

Lahra Bai Tamre v. State of Chhattisgarh

“Custodial Death Cover-Up Rejected: Supreme Court Hands Probe to CBI and Orders Rs. 25 Lakh Interim Compensation”

12 August 2026Justice Vikram Nath, Justice Sandeep Mehta
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TL;DR

A man arrested under the Chhattisgarh Excise Act for possessing 6 litres of raw Mahua liquor died in custody, and the post-mortem recorded multiple antemortem injuries with head injury from a hard and blunt object as the cause of death. The Chhattisgarh High Court found he had been subjected to custodial violence but awarded only Rs. 1 lakh and gave no direction for an FIR or investigation. The Supreme Court found the State's explanation for its inaction to be a "cover-up story", held that the facts clearly warranted immediate registration of an FIR, and directed the CBI to register a regular case and investigate. It also ordered the State to pay Rs. 25,00,000 to the family as interim compensation within four weeks, leaving the final quantum to be decided later, and listed the matter again on 13 October 2026.

The Bottom Line

When a person dies in police or jail custody and a judicial inquiry has already pointed to a head injury, the State cannot hide behind procedural excuses. The Supreme Court refused to accept the claim that the police had no occasion to register a case because the inquiry report was never received, called that claim patently false, and transferred the investigation to the CBI. The family of the deceased receives Rs. 25 lakh now as interim relief, with the final compensation to be decided in the same proceedings.

Case Timeline

The journey from FIR to Supreme Court verdict

arrest
18 Jan 2024

FIR Registered Against the Deceased

FIR No. 47 was lodged at Police Station Seepat, Bilaspur, under Section 34(2) of the Chhattisgarh Excise Act, 1915 for possession of 6 litres of raw Mahua liquor; the deceased was arrested by Head Constable Uma Shankar Rathore.

event
21 Jan 2024

Referred to CIMS Hospital

After remand to Central Jail, Bilaspur, the deceased was referred to CIMS Hospital, Bilaspur, owing to deterioration in his health.

event
22 Jan 2024

Death in Custody and Request for Judicial Inquiry

The deceased died at about 6:00 a.m. The post-mortem recorded antemortem injuries and head injury from a hard and blunt object as the cause. The Jail Superintendent wrote to the District and Sessions Judge seeking a judicial inquiry.

order
22 Jul 2024

Section 176 CrPC Inquiry Report Submitted

The Judicial Magistrate First Class, Bilaspur, submitted a report opining that the death appeared to have been caused by complications arising from the head injury.

judgment
3 Oct 2024

High Court Awards Rs. 1 Lakh

The Chhattisgarh High Court allowed Writ Petition (Criminal) No. 76 of 2024 only to the extent of Rs. 1,00,000 compensation, with no direction for an FIR or investigation.

order
8 Jan 2026

Notice Issued by Supreme Court

The Supreme Court issued notice on the special leave petition filed by the wife and children of the deceased.

hearing
28 Jul 2026

Court Calls for Explanation from Senior Officials

The Court noted the State's counter affidavit disclosed no steps for an FIR or investigation and that compensation appeared inadequate, and directed the DGP and Principal Secretary (Home) to appear.

hearing
4 Aug 2026

DGP, DG (Prisons) and Principal Secretary (Home) Appear

The senior officials appeared virtually; the Court found their explanations for inaction unconvincing.

judgment
12 Aug 2026

Supreme Court Directs CBI Investigation

The Court directed the CBI to register a regular case and investigate the custodial death, and ordered Rs. 25,00,000 as interim compensation payable within four weeks.

The Story

The petitioners are the wife and children of the late Shravan Suryavanshi @ Sarvan Tamre (the deceased). He was apprehended in connection with FIR No. 47 dated 18 January 2024, lodged at Police Station Seepat, District Bilaspur, under Section 34(2) of the Chhattisgarh Excise Act, 1915. According to the FIR he was found with three 2-litre bottles of raw Mahua liquor, a total of 6 litres valued at Rs. 1,200. He was arrested by Head Constable No. 195, Uma Shankar Rathore, taken to the police station, and after remand lodged in Central Jail, Bilaspur.

On 21 January 2024, owing to deterioration in his health, he was referred to CIMS Hospital, Bilaspur, where he died at about 6:00 a.m. on 22 January 2024. The post-mortem noted six injuries, including a 4 x 2 x 0.5 cm laceration on the occipital scalp with swelling and bleeding, swelling above the right wrist, swelling on both legs, bleeding from the tip of the penis and contusions on the right thigh and nape of the neck. The cause of death was recorded as cardio-respiratory arrest due to complications of a head injury caused by a hard and blunt object. The injuries were opined to be antemortem, the scalp laceration being apparently within one day old, the wrist swelling within two days, and the two contusions 2 to 6 days old.

Since the death occurred in custody, the Jail Superintendent wrote on 22 January 2024 to the District and Sessions Judge, Bilaspur, seeking a judicial inquiry. The matter was assigned to a Judicial Magistrate First Class, Bilaspur, who held an inquiry under Section 176 of the Code of Criminal Procedure, 1973 and submitted a report dated 22 July 2024 opining that the death appeared to have been caused by complications arising from the head injury.

When no action followed against anyone responsible and no compensation was paid, the petitioners filed Writ Petition (Criminal) No. 76 of 2024 before the High Court of Chhattisgarh at Bilaspur, seeking Rs. 50 lakh compensation and a direction to prosecute the officers responsible. By judgment dated 3 October 2024 the High Court held that the deceased had been subjected to custodial violence and died as a result, but awarded only Rs. 1 lakh (with 9% interest on default) and gave no direction for registration of an FIR or investigation.

The petitioners came to the Supreme Court. Notice was issued on 8 January 2026. On 28 July 2026 the Court noted that the State's counter affidavit did not disclose any steps taken to lodge an FIR or investigate, and that the compensation appeared completely inadequate, and it required the Director General of Police and the Principal Secretary (Home) to appear. On 4 August 2026 the Director General of Police, the Director General (Prisons) and the Principal Secretary (Home) joined the hearing virtually and, according to the Court, took an intransigent and indifferent stance. The post-mortem report was placed on record for the first time only with the State's additional affidavit filed after the Court's order of 28 July 2026.

Legal Issues

Click each question to reveal the Supreme Court's answer

1Question

Whether the High Court was justified in disposing of the writ petition with Rs. 1 lakh compensation without directing registration of an FIR and investigation into the custodial death, when it had itself found that the deceased died due to violence in custody?

Tap to reveal answer
1SC Answer

No. The Court held that the High Court, having found that the death was on account of violence committed during custody, granted a "pittance" of compensation and issued no consequential direction for registration of an FIR or an investigation. The Court found the facts clearly warranted immediate registration of an FIR and a thorough investigation.

Confirms that a finding of custodial violence must be followed by criminal accountability, and that nominal monetary compensation is not an adequate substitute for investigation and prosecution.

2Question

Whether the State's explanation that no case was registered because the Section 176 CrPC inquiry report had not been received by the police could justify the inaction?

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2SC Answer

No. The Court held that the explanation was a cover-up story. The State had itself told the High Court that a judicial inquiry under Section 176 CrPC had been instituted and its report awaited, and the report was available on the record when the High Court decided the writ petition. The Director General of Police's submission was held to be patently false and wholly reprehensible.

Senior police and prison officials cannot plead ignorance of a judicial inquiry report to avoid registering a case in a custodial death.

3Question

Whether the investigation into the custodial death should be entrusted to the Central Bureau of Investigation?

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3SC Answer

Yes. In the facts and circumstances, the Court was of the firm opinion that the ends of justice required the investigation to be entrusted to the CBI, and that all officials found responsible for the custodial violence be proceeded against and prosecuted in accordance with law. The conduct of State officials in failing to act on the judicial inquiry report is also to be examined as part of the investigation.

Shows the Court's willingness to take investigation out of the hands of the State machinery where the State authorities themselves appear to have tried to cover up a custodial death.

4Question

What compensation should be paid to the family of the deceased?

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4SC Answer

Noting that the High Court's finding that the deceased was the sole breadwinner and died an unnatural death from violence in custody was not even disputed by the State, the Court directed Rs. 25,00,000 as interim compensation, payable within four weeks into the account of the first petitioner. The final quantum is to be determined while adjudicating the petition.

Interim compensation of Rs. 25 lakh, over twenty times the amount awarded by the High Court, signals the scale of relief the Court considers appropriate for custodial death.

Arguments

The battle of arguments before the Supreme Court

Petitioner

Vihaan Kumar

1

Rank inaction in investigating the custodial death

The petitioners, the wife and children of the deceased, complained of the complete inaction of the respondent authorities in investigating the death in custody, despite a judicial inquiry having found that the death appeared to be caused by complications from a head injury. They sought direction to file prosecution on the basis of the material submitted, including the marg intimation.

Section 176 CrPC
2

Compensation of Rs. 1 lakh is inadequate

The petitioners sought Rs. 50,00,000 as compensation for their rehabilitation following the custodial death of the deceased, who was 34 years old and the sole breadwinner of the family. They contended that the High Court's award of Rs. 1 lakh was meagre despite its own finding of custodial violence.

Article 226 of the Constitution of India
3

The post-mortem findings contradict the jail medical record

The petitioners alleged that they were able to lay hands on the post-mortem report for the first time only after the State filed it with its additional affidavit. That report recorded multiple external injuries and head injury as the cause of death, in contrast to the jail medical report that recorded cardiopulmonary arrest with aspiration pneumonitis and alcoholic withdrawal.

Respondent

State of Haryana

1

No occasion to register a case as the inquiry report was not received by the police

The Director General of Police told the Court that since the Section 176 CrPC inquiry report had not been received by the police, there was no occasion to register a criminal case to investigate the death. The Director General (Prisons) offered an explanation for not forwarding the report to the police, and the Principal Secretary (Home) exhibited a similar approach.

Section 176 CrPC
2

Compensation already granted by the High Court

The State of Chhattisgarh relied on the High Court's judgment of 3 October 2024 granting Rs. 1,00,000 within eight weeks, with the Director General of Jail directed to ensure payment. The Court recorded that the State did not dispute the High Court's finding that the deceased was the sole breadwinner and died an unnatural death from violence in custody.

Writ Petition (Criminal) No. 76 of 2024

Court's Analysis

How the Court reasoned its decision

The Court began by noting that the deceased had been arrested for an offence punishable with imprisonment up to three years and yet died in State custody allegedly due to injuries suffered during that custody. It traced the High Court's approach, finding that the High Court had accepted custodial violence but granted a pittance and issued no direction for an FIR or investigation. The Court then examined the conduct of the State at the hearings of 28 July and 4 August 2026. It found the stance of the senior officers, including the Principal Secretary (Home), the Director General of Police and the Director General (Prisons), to reflect a disturbing disregard of the statutory procedure governing custodial deaths. The explanation that no action was taken because the inquiry report had not been served on the police was rejected as a cover-up, since the State had itself informed the High Court of the pending Section 176 inquiry and the report was on the record. The Court also compared the jail medical report, which recorded cardiopulmonary arrest with aspiration pneumonitis and diagnosed alcoholic withdrawal and delirium tremens without mentioning any injury, with the post-mortem report, which recorded multiple injuries and a head injury from a hard and blunt object, and concluded that a clear attempt had been made to mislead the inquiry. Having regard to the age of the injuries, particularly the scalp laceration within one day and the contusions 2 to 6 days old, the possibility that the injuries were sustained over the period of custody could not be ruled out. The Court held that an FIR and thorough investigation were warranted, directed the CBI to take up the case, and awarded interim compensation of Rs. 25 lakh.

the stance of blissful ignorance taken by the senior officers of the State of Chhattisgarh, including the Principal Secretary (Home); the Director General of Police and the Director General (Prisons), is sacrilegious and reflects a disturbing disregard of the statutory procedure governing custodial deaths.

Para 14

Records the Court's strong disapproval of the senior officials' conduct and frames the failure as a breach of the statutory procedure for custodial deaths.

The explanation offered that neither any police action nor any disciplinary action was taken against the persons responsible because the judicial inquiry report had not been served upon the police officials is a cover-up story and an attempt to pull the wool over the Court's eyes.

Para 15

Rejects the State's excuse for not registering a case and ties the inaction to an attempted cover-up.

The facts, therefore, clearly warranted immediate registration of an FIR and a thorough investigation into the circumstances leading to the death of Shri Shravan, which, the State authorities conveniently and deliberately tried to cover up.

Para 17

States the core finding that an FIR and investigation were mandatory on these facts, based on the age and pattern of the injuries.

the ends of justice require that the investigation into the circumstances leading to the custodial death of Shri Shravan be entrusted to the Central Bureau of Investigation and that all officials found responsible for the custodial violence, upon completion of the investigation, be proceeded against and prosecuted in accordance with law.

Para 18

The operative direction transferring the investigation to the CBI with a clear mandate to prosecute those responsible.

Partly Allowed

The Verdict

Relief Granted

The family of the deceased receives Rs. 25 lakh as interim compensation within four weeks, in place of the Rs. 1 lakh awarded by the High Court, and obtains a CBI investigation into the custodial death. The final amount of compensation remains open for determination in the same petition.

Directions Issued

  • The Director, CBI, shall forthwith ensure registration of a regular criminal case in relation to the custodial death of Shri Shravan Suryavanshi @ Sarvan Tamre
  • The investigation shall be entrusted to a senior CBI officer and conducted expeditiously, with the Investigating Officer's report placed before the Court on the next date of hearing
  • The conduct of the State officials in failing to take appropriate steps after the judicial inquiry report shall be examined and made part of the investigation
  • The Director General of Police, Chhattisgarh shall transmit the complete records of the case to the Director, CBI through a special messenger within a week
  • The State of Chhattisgarh shall pay Rs. 25,00,000 as interim compensation into the bank account of petitioner No. 1, Smt. Lahra Bai Tamre, within four weeks; account details to be furnished by the petitioners' counsel within seven days
  • A copy of the order shall be electronically transmitted to the Principal Secretary (Home), the DGP, the DG (Prisons) of Chhattisgarh and the Director, CBI
  • The matter is listed again on 13 October 2026

Key Legal Principles Established

1

Where a High Court finds that a person died due to violence in custody, a nominal monetary award without directing an FIR and investigation does not do justice to the case.

2

Senior police, prison and home department officials cannot avoid registering a case in a custodial death by pleading that a judicial inquiry report under Section 176 CrPC was never served on the police.

3

The age of injuries recorded in a post-mortem report can indicate that injuries were sustained over the period of custody, which by itself calls for registration of an FIR and a thorough investigation.

4

Where State authorities appear to have tried to cover up a custodial death, the Supreme Court may entrust the investigation to the CBI so that it is independent and credible.

5

The conduct of officials who failed to act on a judicial inquiry report is itself a matter to be examined in the investigation.

6

Interim compensation can be awarded at an early stage while the final quantum is reserved for later adjudication.

Key Takeaways

What different people should know from this case

  • If someone dies in police or jail custody, a judicial inquiry is held, and the findings of that inquiry must lead to action, not be filed away.
  • The family of a person who dies in custody can approach the High Court and the Supreme Court for an independent investigation and for compensation.
  • Even a minor offence, such as possessing 6 litres of country liquor, can never justify violence in custody.
  • Courts can order interim compensation immediately, without waiting for the final decision, when the State does not dispute the basic facts.
  • A post-mortem report that records injuries can contradict a jail medical record; families should insist on obtaining the post-mortem report and inquiry report.
  • When State authorities delay or hide material, the Supreme Court can summon the most senior officials to explain.

Frequently Asked Questions

The Supreme Court directed the CBI to register a regular criminal case and investigate the custodial death of Shravan Suryavanshi @ Sarvan Tamre. It also ordered the State of Chhattisgarh to pay Rs. 25,00,000 as interim compensation to his family within four weeks, leaving the final amount for later determination. The order is dated 12 August 2026 and the matter was listed again on 13 October 2026.
The Court found that the State authorities had failed to register an FIR or investigate despite a judicial inquiry report pointing to a head injury, and that the explanation offered by the senior officers was a cover-up story. It also noted that the post-mortem report was placed on record only after the Court's own direction. In these circumstances it held that the ends of justice required the CBI to investigate.
The High Court held that the deceased was subjected to custodial violence and died as a result, but awarded only Rs. 1 lakh compensation and did not direct registration of an FIR or investigation into who was responsible. The Supreme Court described the compensation as a pittance and found the omission of any direction for an investigation to be a serious gap.
Section 176 of the Code of Criminal Procedure, 1973 provides for an inquiry by a Magistrate into the cause of death in certain cases. In this case, the Judicial Magistrate First Class, Bilaspur, held such an inquiry and submitted a report on 22 July 2024. The Supreme Court held that the State could not claim it was unaware of this report to justify not registering a case.
The Court directed Rs. 25,00,000 as interim compensation to be paid into the bank account of the deceased's wife, Smt. Lahra Bai Tamre, within four weeks. It expressly stated that the final quantum would be determined while adjudicating the petition, so the amount is not final.

DISCLAIMER: This case summary is for educational and informational purposes only. It does not constitute legal advice. For advice on your specific situation, please consult a qualified advocate. JurisOptima is not responsible for any actions taken based on this information.

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