Tortious Liability for Psychiatric Damage: A Tricky Situation
torts clat_pg beginner pyq_discussionYeh sawal thi CLAT PG 2018 ke: 'X, a student, witnessed the brutal murder of his father in a police encounter. He suffered from severe post-traumatic stress disorder (PTSD) and other psychiatric injuries. Can X recover damages from the police authorities? Discuss.'
Main kya sochi: Yeh sawal torts mein psychiatric injury ke liye compensation ka mudda hai. Police encounter ko public interest ka karya mana jata hai, aur police authority ko protection under government's sovereign immunity se milta hai. Lekin, X ka case special hai kyunki unhone direct injury li hai. Court ko ek balance dikhana hoga: police authority ka right to immunity aur X ka right to compensation.
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Bhai, let's clarify. Tortious liability for psychiatric damage is indeed a tricky wala situation. Here's the thing - the courts have to balance individual freedom with the protection of mental health. In India, the law primarily relies on the precedent set by the landmark case of Bhagwan Krishna v State of M.P., where the court held that a third party can be held liable for negligent act causing psychiatric damage. Simple analogy: if someone negligently causes harm to you, they can't say 'main baap hoon' (I'm innocent).