Question

LEGAL PRINCIPLE: Master/ Principal is vicariously liable for the tort committed by a servant/agent, in the performance of his duties as a servant/agent.
FACTS: The plaintiff, a bullion merchant was arrested by the police on a charge of purchasing stolen goods. Some of the gold and silver ornaments were seized from the plaintiff and were kept in the police station custody. The duty constable appropriated the gold ornaments and escaped to a foreign country. The plaintiff after being acquitted brought an action against the State for the compensation. In this case, compensation is _____.
DECIDE.

• A. Payable as there is misappropriation by the servants of the State
• B. Payable due to the fact that police constable has escaped to a foreign country
• C. Payable by the police constable himself and not by the State
• D. Not payable as the act was committed in discharge of sovereign function

Answer 1

The correct option is A Payable as there is misappropriation by the servants of the State

Sovereign functions are those functions of the State which are inalienable in nature and cannot be performed by anyone else except the State itself. It includes defence and law and order. The State is not answerable for these functions before any court of law due to matters of public policy. In India, sovereign immunity is guaranteed by virtue of Article 300 of the Constitution of India, 1950. In the case of Kasturilal Ralia Ram Jain v State of UP involving the same set of facts, the Court held that the power to arrest a person and search and seizure are granted to the police via a statute, so they qualify as sovereign powers. Hence even if it is proved that the police officers were negligent during the course of employment, the State could not be made answerable for these acts