The Maharashtra government on Tuesday, 27 October 2026, announced a structured compensation policy for custodial deaths and torture, fixing ₹5 lakh as financial relief for legal heirs of individuals who die in police custody due to assault or administrative negligence. The policy, issued by the Maharashtra Home Department, was framed in accordance with directions from the Bombay High Court arising out of a 2014 petition.

Key Compensation Structure

Under the Government Resolution (GR), the state has established a tiered relief mechanism. In addition to the ₹5 lakh payout for custodial death, the scheme provides ₹4 lakh for permanent disability assessed at 50% or more, and ₹2 lakh for permanent disability rated below 50%, in cases stemming from physical or mental torture during custody. All disability claims are subject to strict medical certification and official verification.

What Must Be Established

For deaths caused by assault, torture, or coercive methods, the policy requires the cause to be established through credible evidence — including a magisterial inquiry, medical and forensic reports, independent investigation, witness statements, or CCTV footage. Notably, a criminal conviction will not be a prerequisite for granting compensation, lowering the evidentiary bar for affected families who have historically struggled to secure relief pending lengthy criminal proceedings.

The policy also covers deaths resulting from administrative negligence, citing specific failures such as denying timely medical examination, ignoring complaints of illness or injury, failing to follow medical advice, and delaying emergency medical assistance.

Process and Timelines

District Superintendents of Police or the concerned Police Commissioners must scrutinise and submit compensation proposals within 30 days of the incident or of medical certification of permanent disability. The state government will then examine proposals received from the Director General of Police within a further 30 days. This two-stage, time-bound process is a structural departure from the ad hoc relief granted in the past.

Accountability and Recovery Provisions

If police personnel are found guilty following an internal inquiry, criminal cases will be registered against them. Significantly, the government will recover the compensation paid from the salary, pension, or property of the officials found responsible — a measure critics and rights groups have long demanded as a deterrent against custodial abuse.

Exclusions Under the Policy

The policy does not cover deaths attributable to natural causes, certain natural disasters where institutional negligence is absent, refusal of medical treatment by the detainee, or accidents that occur while attempting to escape custody, among other specified circumstances. All exclusions are formally enumerated in the GR to limit arbitrary application.

The announcement follows a broader national conversation on custodial violence, with India's courts repeatedly flagging the absence of a standardised compensation framework. How effectively Maharashtra implements and enforces this policy — particularly the salary-recovery clause — will determine whether it becomes a model for other states.