A Police Officer handcuffed an under trial prisoner undergoing treatment in a hospital and chained him to a nearby window. Discuss the liability of the Police Officer.

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Answer:

The Police Officer is liable for the tort of Battery.

 

  1. Battery is the direct intentional application of force to the body of another individual without his consent or lawful justification. There must be some act by the defendant.
  2. The Officer had handcuffed the under trial and chained him to a window, like a dangerous animal.

 

  1. When he had handcuffed him, there is no need for chaining him to a window.

 

  1. This is done without the person’s consent or will.

 

  1. There is also no lawful justification as the person is undergoing treatment in a hospital.

 

  1. Hence the Officer is liable for Battery. The facts resemble a leading case Kedar Vs. K.A. Alagarasami, wherein the Court held that the defendant was liable to pay damages for the tort of battery.
Last Updated On January 30, 2018
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