Which type of damages were awarded in Bhim Singh v. State of Jammu and Kashmir case?
Show Hint
- Nominal Damages
- Contemptuous Damages
- Exemplary Damages
- Specific Damages
The Correct Option is C
Approach Solution - 1
Approach Solution -2
Background of the Case:
Bhim Singh, a Member of the Legislative Assembly (MLA), was illegally detained by the police during a public protest, violating his fundamental rights under Article 21 (right to life and personal liberty). The illegal detention was seen as a grave abuse of power by the State authorities.
Damages Awarded:
The Court directed the State of Jammu and Kashmir to pay Rs. 50,000 as compensation, which was characterized as exemplary damages. These damages were awarded not only to compensate for the wrongful detention but also to serve as a deterrent against future misconduct by public authorities.
Significance of Exemplary Damages:
Exemplary damages, also known as punitive damages, are awarded in addition to actual damages when the defendant's conduct is found to be malicious, oppressive, or grossly negligent. Their purpose is to punish the wrongdoer and discourage similar actions in the future.
Conclusion:
The correct answer is Exemplary Damages, which were awarded by the Supreme Court in Bhim Singh v. State of Jammu and Kashmir to penalize the State for illegal detention and uphold constitutional rights.
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