In a recent report titled “Wrongful Prosecution (Miscarriage of Justice): Legal Remedies,” the Law Commission has put forth several recommendations to the government related to incidents of “wrongful prosecution” of innocent citizens and potential compensation methods. This action was prompted by a 2017 case heard by the Delhi High Court, where concern was raised over the treatment of those wrongfully prosecuted. As per the system of Indian Criminal Justice, “wrongful prosecution” is identified as a specific measure for miscarriage of justice, separate from wrongful conviction or incarceration.
The International Covenant on Civil and Political Rights (ICCPR)
Wrongful prosecution refers to scenarios in which an individual who has not committed the offense is unjustly treated by the police or the prosecution. The ICCPR, which India has ratified, obliges State parties to implement legislation to compensate victims of such miscarriages of justice. The ICCPR, along with the Universal Declaration on Human Rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR), comprises the International Bill of Rights. Adopted by the United Nations General Assembly in 1966 and effective since 1976, it aims to protect civil and political rights by promoting conditions that allow individuals to enjoy these rights within states.
Background
An annual report by the National Crime Records Bureau, “Prison Statistics India (PSI-2015)”, reveals that 67.2% of prisoners in India are undertrials, meaning they are in judicial custody awaiting trial. This percentage is significantly higher than that of convicts, which stands at 32%. Furthermore, 25.1% of these undertrials spend more than a year in prison. This prolonged detention and delay of trial constitute a serious miscarriage of justice when the person is wrongfully accused and incarcerated, a violation of fundamental rights under Article 21 and Article 22 of the Constitution.
Recommendations
To address this issue, the Law Commission has proposed the creation of a specific legal provision to address miscarriages of justice resulting in wrongful prosecution. Special courts should be established in each district to adjudicate compensation claims for wrongful prosecution.
The accused individual, or an authorized agent, may bring a claim for compensation, and if the accused passes away after the end of the wrongful prosecution, their heirs or legal representatives can do so. Guidelines should be provided to Special Courts on factors to consider while determining the amount of monetary compensation.
The Law Commission also recommends that compensation include both pecuniary and non-pecuniary assistance, such as counselling, mental health services, vocational/employment skills development, and similar services. These measures aim to ensure justice for the wrongfully prosecuted and uphold the dignity and rights of every citizen.
