IndiaI was injured by a government vehicle. Can I sue the state?
Yes, you can sue the state for injury caused by a government vehicle, but only under the principle of vicarious liability and subject to the provisions of the Government Claims Act and Article 300 of the Constitution.
What the Law Says
The right to sue the government in India arises from constitutional and statutory provisions that remove the Crown’s immunity. The key provision is Article 300 of the Constitution, which enables the Government of India or a State Government to be sued in its own name, just like a private citizen — but with important limitations.
Article 300(1) of the Constitution of India states that the Government of India may sue or be sued by the name of the Union of India, and the Government of a State may sue or be sued by the name of the State. This replaced the earlier doctrine of sovereign immunity inherited from British law.
However, the Government Claims Act, 1962 (applicable in some states like Maharashtra and Karnataka) governs claims against the government for tortious acts — including injuries caused by government vehicles. Section 20 of the Government Claims Act, 1962 says: 'No suit shall lie against the Government for any act done in exercise of sovereign functions.' This means if the vehicle was engaged in a sovereign function (e.g., army transport, police chase), immunity may apply.
Importantly, the Limitation Act, 1963 applies — meaning you must file your suit within one year from the date of the accident, as per Article 72 of the First Schedule ('Suit for compensation for injury caused by wrongful act').
Statutory TextThe Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State.
— Constitution of India, Art. 300(1)
Statutory TextNo suit shall lie against the Government for any act done in exercise of sovereign functions.
— Government Claims Act, 1962, s. 20 — Liability of Government
What Courts Have Said
Indian courts have consistently held that the state can be held liable for negligence by its employees — including drivers of government vehicles — unless the act falls within ‘sovereign functions’.
The Supreme Court ruled that the State is not liable for torts committed while performing sovereign functions — but is liable for non-sovereign (commercial or administrative) acts, such as operating transport services.
The Court held that the State is liable for negligence of its servant (a government driver) causing injury, rejecting the plea of sovereign immunity where the act was not sovereign in nature.
What to Do
Confirm whether the vehicle was engaged in a sovereign function (e.g., military, police enforcement) — if yes, immunity may apply.
Gather evidence: FIR, medical reports, witness statements, photos, and vehicle registration details.
File a written claim with the concerned department (e.g., Transport Department or Panchayat Raj Department) within 30 days — though not mandatory, it strengthens your case.
File a civil suit in the appropriate District Court within 1 year of the accident.
Engage a lawyer experienced in government liability cases — especially to argue whether the act was sovereign or non-sovereign.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.