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.
The Police Officer is liable for the tort of Battery.
- 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.
- The Officer had handcuffed the under trial and chained him to a window, like a dangerous animal.
- When he had handcuffed him, there is no need for chaining him to a window.
- This is done without the person’s consent or will.
- There is also no lawful justification as the person is undergoing treatment in a hospital.
- 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.