The Law Commission of India has submitted its 277th report to the Union Government. The Report is titled Wrongful Prosecution (Miscarriage of Justice) :Legal Remedies. .The subject came to be considered by the Law Commission after the Delhi High Court raised concerns over wrongful prosecution and incarceration, and the lack of a legislative framework to ensure that the victims receive justice..The recommendations of the report focus on clarifying what wrongful prosecution is, when it can be referred to as a miscarriage of justice, and what remedies/compensation a victim is entitled to..All of these principles have been articulated into an amendment bill to the Code of Criminal Procedure..Special Courts .The primary recommendation is that special courts be set up in every district to adjudicate claims of wrongful prosecution. An applicant would be able to choose between such a special court having jurisdiction over the territory within which prosecution occurred, or a court having territorial jurisdiction over the place of residence of the applicant..Such courts will be empowered to issue directions to the concerned authorities to take action against errant officials and to award compensation in fit cases..It has also been recommended that a period of limitation be applied for the filing of such applications, their disposal, payment of compensation, and for the filing of an appeal against the order of a designated special court..Wrongful Prosecution.The Commission has recommended that a prosecution can be termed wrongful if it was malicious or not instituted in good faith..A wrongful prosecution can be termed malicious if it was instituted and prosecuted despite the fact that standards of reasonableness established it was not a fit case for trial..A prosecution instituted negligently and without due care would constitute a prosecution not instituted in good faith..Prosecutions conducted either without bonafides or maliciously would entitle the applicant to compensation..The burden of proof to prove misconduct will rest with the applicant..Who can apply.Any person who was “wrongfully prosecuted” and suffered damage to body, mind, reputation or property can apply for compensation..Legal heirs or representatives of an accused who died after the termination of such prosecution can also apply..Compensation.While the report acknowledges that a fixed compensation is not feasible, it envisages both pecuniary and non-pecuniary compensation and recommends that a statutory framework that helps guide special courts in determining compensation be established..It has been recommended that non-pecuniary compensation be awarded, in the form of services such as vocational training, counselling for psychological trauma, and broadly anything that will assist the applicant in re-integrating into society..Special emphasis has also been placed on removing disqualifications that are attached to a conviction, particularly pertaining to education and employment..Read the full report
The Law Commission of India has submitted its 277th report to the Union Government. The Report is titled Wrongful Prosecution (Miscarriage of Justice) :Legal Remedies. .The subject came to be considered by the Law Commission after the Delhi High Court raised concerns over wrongful prosecution and incarceration, and the lack of a legislative framework to ensure that the victims receive justice..The recommendations of the report focus on clarifying what wrongful prosecution is, when it can be referred to as a miscarriage of justice, and what remedies/compensation a victim is entitled to..All of these principles have been articulated into an amendment bill to the Code of Criminal Procedure..Special Courts .The primary recommendation is that special courts be set up in every district to adjudicate claims of wrongful prosecution. An applicant would be able to choose between such a special court having jurisdiction over the territory within which prosecution occurred, or a court having territorial jurisdiction over the place of residence of the applicant..Such courts will be empowered to issue directions to the concerned authorities to take action against errant officials and to award compensation in fit cases..It has also been recommended that a period of limitation be applied for the filing of such applications, their disposal, payment of compensation, and for the filing of an appeal against the order of a designated special court..Wrongful Prosecution.The Commission has recommended that a prosecution can be termed wrongful if it was malicious or not instituted in good faith..A wrongful prosecution can be termed malicious if it was instituted and prosecuted despite the fact that standards of reasonableness established it was not a fit case for trial..A prosecution instituted negligently and without due care would constitute a prosecution not instituted in good faith..Prosecutions conducted either without bonafides or maliciously would entitle the applicant to compensation..The burden of proof to prove misconduct will rest with the applicant..Who can apply.Any person who was “wrongfully prosecuted” and suffered damage to body, mind, reputation or property can apply for compensation..Legal heirs or representatives of an accused who died after the termination of such prosecution can also apply..Compensation.While the report acknowledges that a fixed compensation is not feasible, it envisages both pecuniary and non-pecuniary compensation and recommends that a statutory framework that helps guide special courts in determining compensation be established..It has been recommended that non-pecuniary compensation be awarded, in the form of services such as vocational training, counselling for psychological trauma, and broadly anything that will assist the applicant in re-integrating into society..Special emphasis has also been placed on removing disqualifications that are attached to a conviction, particularly pertaining to education and employment..Read the full report
