The Supreme Court recently received a petition requesting that the government create guidelines for compensating victims who have been wrongfully prosecuted by police or authorities. This request resonates with the recommendations made by the Law Commission of India in their 277th report about miscarriage of justice in 2018.
Understanding Wrongful Prosecution
Wrongful prosecution refers to instances where an individual was falsely accused of a crime and consequently, experienced police or prosecutorial misconduct during the investigation or prosecution stages. The International Covenant on Civil and Political Rights (ICCPR), which India has ratified, impels State parties to introduce laws that provide compensation to victims facing such injustices.
The Current State of Wrongful Prosecution in India
India currently lacks a practical statutory or legal mechanism to handle wrongful prosecutions due to police and prosecutorial misconduct. This has led to an epidemic of false cases. In many instances, the fearlessness of potential prosecution by courts and an increasing tendency to accuse innocents for hidden motives has triggered an unprecedented increase in the filing of false cases.
The repercussions of this issue are expansive; the social fabric of the nation is being torn apart, and the judiciary, already burdened with an overwhelming backlog of 40 million cases, is further strained.
Judicial Statements on Wrongful Prosecution
In May 2017, concern regarding the plight of innocents wrongfully prosecuted was underscored by the Delhi High Court during the case of Babloo Chauhan vs. State Govt. of NCT of Delhi. The court also urged the Law Commission to conduct a comprehensive study of this matter and forward its recommendations to the Government of India.
Recommendations of the Law Commission – 277th Report
The Law Commission proposed several amendments to the Code of Criminal Procedure, 1973 (CrPC) to ensure those facing wrongful prosecution receive adequate compensation. A miscarriage of justice, according to the Commission, refers to the wrongful or malicious prosecution of individuals, irrespective of the result – conviction or detention.
The recommendations include:
– Establishing specialized courts in each district to decide on claims made for wrongful prosecution compensation.
– Allowing the accused, a duly authorized agent, or, in cases where the accused passed away post the wrongful prosecution, any of the legal heirs or representatives, to file for compensation.
– The implementation of guiding principles to assist courts in determining compensation amounts. Factors to consider include the seriousness of the crime, severity of punishment, duration of detention, damage to health, harm to reputation, and lost opportunities.
– Providing both pecuniary (monetary) and non-pecuniary assistance—including counselling, mental health services, vocational/employment skills development, among others—to victims under this framework.
This comprehensive review of wrongful prosecution in India highlights the urgent need for actionable reforms within the system, including the establishment of solid guidelines for victim compensation, to safeguard the rights of the innocent and maintain faith in the judicial process.
Last Modified: February 11, 2024