Kasturi Lal Ralia Ram Jain v State of U.P. (1965)

Administrative Law · Government Privilege, Official Secrets & the Right to Information

Facts.

Gold seized by the police and kept in custody was stolen by a police officer who absconded. The owner sued the State for the loss.

Issue.

Was the State liable for the negligence of its servants in exercising the power of seizure and custody?

Held.

No. Seizure and custody of property were “sovereign functions” (powers exercisable only by a sovereign), so the State enjoyed immunity and was not liable.

Why it matters.

It is the notorious low point of State tort liability — but later cases (Nagendra Rao (1994), Nilabati Behera (1993)) confined it so narrowly that it is now practically a dead letter, especially where a fundamental right is violated.

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