CAN THE COURT UNDO WRONGFUL CONVICTIONS?

BY

Name of the student: Sheik Shiny Haneefa

Roll No.: 21LLB109
Semester: 1st
Name of the program: 5-year B.A., LL.B. (Hons.)
Name of the Faculty Member: Ms. Soma Battacharjya
Date of Submission: 30th January 2022

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

NYAYAPRASTHA “, SABBAVARAM,
VISAKHAPATNAM – 531035, ANDHRA PRADESH

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 ACKNOWLEDGEMENT

I would like to express my sincere thanks to Asst Prof. Ms. Soma Battacharjya who give me
the opportunity to do research on the topic of Can the court undo wrongful convictions?
Throughout this research I gained a great deal of insight.

And also, I would like Thank Damodaram Sanjivayya National Law University Library team
who provided access to Library which helps me in gathering the material required for the
research. Also, I would want to convey our gratitude to everyone who has provided advice in
finishing this paper.

Thank you.

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 ABSTRACT

Wrongfully convicted people are now found all throughout the world, and they are not
restricted by any district or criminal justice system. Wrongful convictions are dreadful; they
may happen to anybody, at any time, and they are a serious violation of basic liberties.
Wrongfully convicted people who were sentenced to death have been reported in every part of
the world during the last several decades. Innocent people have spent many years on death row
before being found not guilty. They've been executed prior proof of their innocence was
discovered in other situations. Every criminal justice system has been exposed as faulty as a
result of the large number of wrongful convictions, and several jurisdictions have opted to
abolish the death penalty altogether.

This paper discusses about the Wrongful Conviction and the scope of it. It notably focuses on
how the state might undo the impact of the wrongful conviction. It also discusses the prevalence
of wrongful convictions, the reasons of wrongful convictions, and criminal justice reforms to
minimise or eliminate the incidence of wrongful convictions. This paper will discuss the extent
to which these faults occur or may occur, the primary elements that contribute to wrongful
convictions in general, and the evolution of the legislation in India that deals with wrongful
convictions. The reasons of wrongful convictions will also be addressed. As well as strategies
to limit or eliminate its occurrence, in order to protect the innocent and society from ongoing
victimisation by criminals who stay free while innocent people are sent to jails or even die.

Key words: - Wrongful conviction, Criminal justice system, eliminate, innocent, dreadful,
liberties, sentenced to death.

SYNOPSIS

Objective: -

The following are the main objectives of this study.

• To know the steps taken by the court to stop the miscarriage of justice.
• To have a better understanding of the concerns and challenges that exonerees
experience throughout the trial process in lower courts.

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 • To examine the problems that lead to wrongful convictions by studying carefully
selected supreme court decisions.

Scope of the Study: -

This study is limited to remedies provided under the Indian law and focuses on Indian case
judgements. It focuses on approaches of different countries to wrongful convictions.

Significance of the Study: -

This study helps in understanding the causes behind the occurrence of wrongful convictions
and helps to know the reforms that prevent the harm to individuals who are wrongfully
convicted.

Literature Review: -

In this project, information is gathered from various primary and secondary sources

Primary sources: -

1. Indian Penal Code, 1860 Bare Act

2. Code of Criminal procedural
3. Indiankanoon.org

The researcher had used this website to read various judgement related to this topic.

Secondary sources: -

1.“Wrongful Prosecutions and Convictions by prof. Kent Roach” – This paper explains the
various approaches to wrongful convictions that prevent future convictions of innocent
individual. It discusses how the judicial system can prevent wrongful convictions by their
actions.

2.‘Wrongful Prosecution (Miscarriage of Justice): Legal Remedies’ (law Commission of India-

Report No. 227) – This Paper discusses the legal remedies for the individual who ae wrongfully
convicted. Even though there is no separate legal framework for preventing wrongful
convictions there are some reforms and remedies that could protect the individual from harm
of wrongful convictions.

3. ‘Wrongful Conviction: How State can Undo Harm?’ by Ruchika Jain – This paper discusses
how the state is responsible to reduce the harms caused by the wrongful convictions by giving

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taking certain measures such compensating the victims and providing remedies as mentioned
under law.

Research Methodology: -

The current research is based mostly on data and information acquired from various web
articles, journals, supreme court judgements, publications and other sources. The researcher
has used doctrinal method. The researcher interests in comparative study of wrongful
convictions.

Research Mode: -

The researcher used the OSCALA style of citation.

Research Question: -

whether there is any separate legal framework for preventing the wrongful convictions?

Research Design: -

1. Introduction – This part discusses the basic concept of wrongful convictions.

2. Wrongful Convictions – This part discusses the meaning of wrongful convictions and
discusses the place of legal system and the state because of the frequent incidence of
wrongful convictions.
3. Causes of wrongful convictions – This section explores the reasons that causes frequent
wrongful convictions.
4. Impacts of wrongful Convictions – This section discusses the problems of the innocent
individuals who are wrongfully convicted.
5. Reforms needed: preventing wrongful convictions – This section explains the reforms
that should followed by the state and judicial system to prevent the future wrongful
convictions
6. Remedies under law – This part discuss the laws that provided relief to the individual
who are wrongfully convicted.
7. Indian and International Perspective – This section explains the various approaches to
the wrongful convictions in different countries and explains the 277th report of law
commission.

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 TABLE OF CONTENTS

• ACKNOWLEDGEMENT……………………………………………...…………2
• ABSTRACT…………………………………………………………………….….3
• SYNOPSIS…………………………………………………………………………4

CHAPTERS:

1. INTRODUCTION…………………………………………………………….… .7
2. WRONGFUL CONVICTIONS……………………………………………………8
3. CAUSES OF WRONGFUL CONVICTIONS…………………………………......9
4. IMPACTS OF WRONGFUL CONVICTIONS…………………………….….….11
5. REFORMS NEEDED: PREVENTING WRONGFUL CONVICTIONS…………12
6. REMEDIES UNDER LAW……………………………………………………….14
7. INDIAN PERSPECTIVE- 277th REPORT……………………………………….18
8. INTERNATIONAL PERSPECTIVE…………………………………...…...…....20
9. SUGGESTIONS……………………………………………………………….….21
10. CONCLUSION……………………………………………………………………22
11. REFERENCES…………………………………………………………………….22

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INTRODUCTION

William Blackstone, an English jurist, once said, "It is better that ten guilty persons escape than
one innocent person suffers".1 India is a self-governing nation regulated by the rule of law, and
it is ruled by the Constitution Of india, which was assumed by the people of this country. The
rule of law establishes that the law is fair and secure where legal authorizations are readily
available and react to people's demands and needs in a fair and non-biased manner. Despite
this, there are many wrongful convictions and prosecutions in the nation. Many innocent
individuals are wrongly convicted, while many guilty people are freed, resulting in unfairness
and a judicial system that is unbalanced, prompting the question, "Why?" When it comes to
India's criminal justice system, when an innocent person is convicted to jail for a crime he did
not commit, it is referred to as wrongful conviction. And, under our system, an accused is not
punished until he is proved guilty. Both are opposed to one another. Do people have the same
life after they are released after completing their sentence in the case of a wrongful conviction
owing to no fault of their own? No, not at all, since once a person enters prison, regardless of
whether he was at fault or not, society considers him as a criminal alone and does not
completely accept him, causing issues in society. The time spent in prison cannot be reversed,
and the same is true of the person's reputation. As a result, they suffer from serious trauma,
psychological difficulties, anxiety disorder, stress, and other issues, which are not present in
the case of the guilty criminals. It complicates and reduces the likelihood of the prisoners
returning to regular life following their release from the jail. People spend a lot of time in jail,
this is in a miserable state Even basic requirements like decent sanitation are lacking in certain
jails. This can happen for a variety of reasons, including malicious intent or inattention on the
part of authorities. It suggests that the state is to blame for the wrongful conviction.2 Whenever
an innocent person is incarcerated or sentenced to death, it is considered an injustice or
miscarriage of justice. The Indian courts witness this kind of injustice every day, which raises
grave doubts about the fairness and accuracy of the criminal justice system. It is time to provide
compensation to those who suffer as a result of the wrongful convictions. Maybe compensation
is not enough since our criminal justice system cannot return time that has been lost during
incarceration. Wrongful conviction is a black spot in the criminal justice system across the

1
William Blackstone, Commentaries on the Laws of England.
2
Ruchika Jha, ‘Wrongful Conviction: How State can Undo Harm?’ (lawtimesjournal.in, 14 march 2020)
< http://lawtimesjournal.in/wrongful-convictions-how-can-state-undo-harm/> accessed 10 January 2022.

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world in the twenty-first century, when laws are shifting from punitive to reformative, and
basic human rights are being violated.

This article discusses why wrongful conviction has become a major issue and reason for worry
in our legal system, as well as the scale of the problem, its causes, and systemic solution. Many
states do not provide for compensation for people who have been wrongfully imprisoned. This
paper will also explore recent legislative developments aimed at preventing judicial
miscarriages.

WRONGFUL CONVICTION

The term "wrongful conviction" refers to the conviction of innocent persons as a result of a
judicial mistake. This is a flaw in an otherwise effective criminal justice system that can have
far-reaching consequences for exonerees. Duhaime's law dictionary defines a wrongful
conviction as "a conviction based on evidence which, after investigation, proves to have been
incorrect." In recent years, the term "wrongful conviction" has been used to describe the
conviction of factually innocent people. It is not uncommon for a wrongful conviction to not
be reversed until the innocent person has been executed. All of this contributes to a loss of
public trust in the legal system. A victim of a wrongful conviction suffers in two ways in our
criminal justice system. For starters, it's psychological since he's imprisoned for a crime he
didn't commit. Second, owing to the criminal justice system's incompetence, he will face
lifetime societal hatred and humiliation. Miscarriages of justice are commonly understood to
mean factually false convictions, but they may neutrally encompass a variety of things, such
as wrongful acquittals and exemption from prosecution, as well as wrongful convictions.

In India, justice is administered based on the evidence presented in court, which essentially
implies that a lawyer has the authority to prove black as white or white as white. Sometimes,
the justice provided does not feel like justice is being served, and this does not occur rarely;
India has a staggering percentage of wrongful convictions. According to a saying, you can do
hundreds of good deeds and still be considered wrong for one wrongdoing, so how would your
life be if for years you were considered a criminal, then declared innocent? 3 Is it possible for
that guy to resume his life where he left it? No matter how hard society tries, it will never be
able to perceive you as a respectable person again. In Babloo Chauhan v. N.C.T Delhi4, the

3
Keerti Singh, ‘Wrongful Conviction: How can the State undo the harm?’ (ejusticeindia.com, 15 august 2020)
<https://www.ejusticeindia.com/wrongful-conviction/> accessed January 10 2022.
4
Babloo Chauhan V. N.C.T Delhi, CRL.A. 137 of 2013 [2017] (High court).

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Delhi High Court said that "wrongful conviction" is a type of "miscarriage of justice," and that
there must be a suitable legal framework in place to ensure that persons are not wrongfully
convicted, and that if they are, suitable remedies must be provided.

'Wrongly convicted' or 'miscarriage of justice' has been prevalent since British India and is still
prevalent today. Harm may take many forms; it can be emotional, physical, or mental; a person
in prison must deal with all of them, and the harm does not only affect the individual; it also
affects his family. Wrongful Conviction shatters people's faith in the law of the country.

CAUSES OF WRONGFUL CONVICTIONS

Many factors contribute to a wrongful conviction, as shown in the majority of cases. The
following are the key contributing causes to a miscarriage of justice: Witness misidentification;
inaccurate forensic analysis; false confessions by susceptible suspects; witness perjury and
falsehoods; police, prosecutor, or judge misconduct; and/or inadequate aid of counsel.

• Witness misidentification:

Eyewitness identification is highly unreliable, with 70 percent of wrongful convictions owing

to it.5 Since the 1970s, psychologists investigating memory formation and retention have
discovered that how police line ups are done can change an eyewitness' recall of the culprit,
resulting in misidentification.6 Witnesses also have a great difficulty establishing accurate
identifications of suspects from various ethnic groups, thus "the rate of incorrect identification
is substantially greater than most people tend to believe," according to the report.7

• Inaccurate forensic analysis:

According to the Innocence Project, forensic mistakes account for 44 percent of wrongful
convictions. When forensic professionals mistakenly or knowingly distort the relevance,
validity, or reliability of scientific data, this occurs. Misrepresentations have been created in
the fields of serological analysis, microscopic hair comparison, bite marks, shoe prints, soil,
fibre, and fingerprint analysis over the years.8 Wrongful convictions can also happen when

5
Colloy Duncan, ‘Justifying Justice: six factors of wrongful conviction and their solutions’ (2019) 7(6) Themis:
Research Journal of Justice Studies and Forensic Science < https://scholarworks.sjsu.edu/themis/vol7/iss1/6>
accessed 10 January 2022.
6
Brandon L. Garrett, ‘Wrongful Convictions’(2019) 3 Annual Review of Criminology
< https://www.annualreviews.org/doi/10.1146/annurev-criminol-011518-024739> accessed 10 January 2022.
7
Ralph Slovenko, ‘Testifying with Confidence’ (1999) 27(1) J Am Acad Psychiatry Law
< http://jaapl.org/content/jaapl/27/1/127.full.pdf> accessed 10 January 2022.
8
Duncan (n 5).

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things used as evidence at crime scenes become tainted during the packing, gathering, and
transit to a secure facility or laboratory. Contamination can be accidentally introduced by
material that was not there when the crime was committed, as well as by uninvolved witnesses
who may become suspects, and by emergency responders, fire fighters, police officers, and
crime scene investigators themselves.

• False Confessions:

Innocent individuals confessing to a crime they did not commit may seem unlikely, yet it
happens all the time. According to the Innocence Project, false confessions contribute for
around 25% of wrongful convictions in murder and rape cases. Two-thirds of the time, police
interrogation results in incriminating statements or complete confessions. Interrogation also
causes innocent people to confess due to the tactics and deceptions used. When conducting
interrogations, police often use coercive manipulation methods in the goal of getting a
confession.9

• Perjury and false allegations:

Witnesses in police investigations may lie for a number of reasons, including: personal animus
toward the defendant, the need to be paid, the desire to get a deal from prosecutors or police,
and an attempt to divert attention from their own involvement in the crime. When a witness
has an incentive to testify and the jury isn't made aware of those incentives, an innocent
defendant is more likely to be convicted.10

• Prosecutorial misconduct:

This can take a variety of forms, including the concealing or destruction of crucial evidence,
failing to disclose crucial evidence to the defence, failing to mention that particular witnesses
have been bribed to testify, and planting damning evidence. According to research by the
Innocence Project, 25% of DNA exonerations contained testimony that the police knew was
fraudulent, and another 11% involved the hidden use of forced witness evidence.11

• Criminal Prejudice:
Those with a criminal record are subjected to prosecution.

9
Aldert Virj, ‘Deception and truth detection when analysing nonverbal and verbal cues’ (2018) 33(2) cognitive
psychology < https://onlinelibrary.wiley.com/doi/abs/10.1002/acp.3457> accessed 10 January 2022.
10
Causes for wrongful convictions, Western Michigan University.
11
Garrett (n 6).

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 • Political Pressure or Interference:
When it comes to high-profile celebrities and leaders, dirty politics is frequently used
against them.
• Communalism:
Even the judiciary, whose function is to offer fair justice free of prejudices, is
considered to be prejudiced in various situations when one party belongs to the lower
or backward class.

IMPACT OF WRONGFUL CONVICTIONS

When a person is wrongly accused, imprisoned, and convicted, it leaves a lasting mark on his
or her life. Re-integration into society following release or acquittal is extraordinarily difficult
due to the loss of valuable and irreversible time and years of one's life, as well as psychological
and economic difficulties that the victim faces.

When it comes to mental health and sociability, someone who has been falsely convicted
suffers from a lot of disadvantages. People who are imprisoned for crimes they did not commit
are more likely to develop depression and self-harm. They're also more likely to have suicide
thoughts. Inmates who have been falsely convicted may feel as though they are going insane,
especially if their term is lengthy. While in jail, those who have been falsely convicted may
have restricted contact with their families. This might be due to their wishes or the family's
decision not to visit. They may not be able to see their loved ones in other instances. As a result,
familial relationships weaken or perhaps disappear entirely. Even after they've been
exonerated, they may have a hard time reconnecting with their family. They come home after
spending a lengthy period in jail, only to realise that they are no longer able to interact with
their loved ones in the same manner. Exonerees are primarily concerned in regaining financial
and social stability. They could have a hard time finding work, which would have a significant
impact on their income. They may also risk social rejection and even assault from society as a
whole.

When a mass audience is unintentionally witness to a miscarriage of justice, the news-

consuming public may form incorrect perceptions about the nature of crime. It may also lead
the public to assume that particular kinds of crime exist, or that certain types of people are more
likely to commit them, or that certain crimes are more common than they are. As a result, false
convictions have the power to shape public perceptions of crime. Our perception of crime has
been influenced by numerous reasons other than its actual incidence, because it is a social

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construct.12 The media has also been accused of manipulating public perceptions of crime by
over-representing specific races and genders as perpetrators and victims, as well as
emphasising more dramatic and exciting forms of crimes as more noteworthy. The way the
media portrays crime-related topics has the ability to impact not just a society's fear of crime,
but also its ideas about the reasons of criminal conduct and the merits of various approaches to
crime control. Finally, this might have a major influence on public perceptions of emerging
sorts of crimes including cybercrime, worldwide crime, and terrorism. Some persons who have
been unfairly imprisoned join groups such as the Innocence Project and Witness to Innocence
in order to publicly share their stories and fight for various sorts of criminal justice reform.13

REFORMS: PREVENTING WRONGFUL CONVICTIONS

So, what should be done to avoid India's wrongful convictions? Solving the undertrial problem
is part of the solution. More than 65% of those in prison in India are undertrials who were
denied bail. There is often a long wait for their trials. Even if they have not committed the crime
or have a legitimate defence, persons in such a situation may choose to plead guilty. Women
and other marginalised groups may face extra pressure to plead guilty, especially if doing so
would result in a less sentence or better conditions of confinement.

Taking proactive measures when judges suspect that the evidence before them is weak may
also be a possible part of the solution. Historically, Indian courts have supervised police
interrogations in an attempt to prevent abuse. Public interest litigation has been taken actively
by courts. It may be especially necessary to promote such activism to prevent miscarriages of
justice. To avoid miscarriages of justice, it is necessary to better combine adversarial and
inquisitorial procedures.14 India might be in a great position to implement innovative and non-
traditional methods to better avoid miscarriages of justice while yet fulfilling its moral and
legal commitments to compensate victims of such mistakes.

Because falsely convicted people do not make up a large political constituency, judicial
activism may be required. People are hesitant to offer the benefit of the doubt to individuals

12
Rafter, ‘The social Construction of Crime and Crime Control’ (1990) 27(4) Journal of Research in Crime and
Delinquency <https://journals.sagepub.com/doi/10.1177/0022427890027004004> accessed 10 January 2022.
13
Valli Rajah, ‘Enhancing the tellability of death-row exoneree narratives: Exploring the role of rhetoric’
(Researchgate.net 2021)
<https://www.researchgate.net/publication/351752397_Enhancing_the_tellability_of_death-
row_exoneree_narratives_Exploring_the_role_of_rhetoric> accessed 10 January 2022.
14
Prof. Kent Roach, ‘Wrongful Prosecutions and Convictions’ (lawschoolpolicyreview.com, 2 January 2021) <
https://lawschoolpolicyreview.com/2021/01/02/wrongful-prosecutions-and-convictions/> accessed 17
January 2022.

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who have been arrested and incarcerated, and are unlikely to picture themselves as a future
victim of a miscarriage of justice, as they have in the United States and China.

Indian reformers may want to adopt a more holistic approach to the problem of wrongful
convictions, rather than treating it as a separate issue from other issues in the criminal justice
system. Linking wrongful convictions to other reform concerns in a specific justice system,
particularly those involving police brutality, overuse of the criminal law, and discrimination
within the criminal justice system, has a number of advantages. Indian reformers can learn from
foreign experiences with wrongful convictions, but they should not be influenced by them.

In terrorism and other emotionally charged situations, as the English experience has shown,
there is a heightened risk of miscarriage of justice. The Supreme Court of India acknowledged
that persons convicted of terrorism and even sentenced to death had been wrongly convicted
and detained for ten years in a recent terrorist wrongful conviction case. The court stated:
“Instead of booking the actual guilty parties who took so many lives, the police arrested
innocent people and caused grievous charges to be imposed against them, which resulted in
their conviction and sentencing." Despite its harsh language, the Court may have been more
proactive in taking efforts to avoid false confessions. To add insult to injury, the Court then
refused compensation to the individuals who had been unfairly convicted. Despite the Supreme
Court of India's long history of awarding damages for human rights abuses, the latter judgement
was made. As a result, victims of wrongful convictions did not obtain the compensatory or
preventative remedies that international law requires.

In addition to compensation, both international law and Indian courts have in public interest
litigation recognized the necessity of taking steps to prevent future violations of human rights.
Compensation for those who have been unfairly convicted should not only be viewed as a tax
on the bad criminal justice processes that lead to erroneous convictions.

The following are some other reforms:

1. Reforms regarding the police investigation:

By establishing investigative procedures that constantly test the unfounded assumptions held
by witnesses, investigators, and attorneys that we are always correct.

2. An improvement in the quality of legal representation for the poor.

3. Reforms for misidentification by an eye-witness:

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Unless there is a legal disability, all witnesses must testify, according to Section 188 of the
Indian Evidence Act. The defence must have access to the witness so that his client is not the
victim of intentional or unintentional misrepresentation or misleading statements.

4. It is necessary to create and investigate new scientific approaches for proving innocence.

5. All evidence against the accused is accessible:

The defence counsel should personally examine the evidence to be presented in court against
the accused in order to spot any discrepancies or forgeries. In this aspect, the defence counsel
has to conduct more research.

6. Presumption of innocence:

It is a well-established rule in Indian law that the accused is assumed innocent unless proven
guilty.

7. Overturn wrongful prosecution:

When the prosecution wrongfully seeks to convict the accused, loopholes in the statement and
evidence should be identified.

8. Winning the judge’s trust:

This is another way to prevent wrongful convictions. The character and behaviour of judges
should be observed, and then practised in order to gain their confidence and trust in the accused,
that he is innocent.

9. Reopening of cases:

In the case that a wrongful conviction occurs. On the appearance of a new witness or the
discovery of new information that might overturn the conviction, the defence should not be
afraid to reopen the case.

REMEDIES UNDER LAW

Although there is no specific or suitable legislation for wrongful conviction under any act or
statute, there are various comments, judgments, and law commission reports that address this
issue. Despite this, there are no compensating schemes or legal procedures in place to ensure
that judgments are made fairly and that only the wrongdoer is punished. Under existing laws,

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certain remedies are available in cases of miscarriage of justice that are court-based. The
following are the remedies available under laws:

1. Public Law Remedy

2. Private Law Remedy
3. Criminal Law Remedy

1. PUBLIC LAW REMEDY:

Miscarriage of justice has a public remedy available under the Constitution of India for
wrongful convictions. The Constitution of India, which provides for this kind of remedy, is the
Supreme Law of the Land. Chapter III of the Constitution of the India guarantees the right to
life and liberty under article 2115. Article 2216 discusses the protections against arbitrary arrests
and illegal detentions (violated by the practice of wrongful convictions). Additionally, it has
provided remedies that the aggrieved party can approach the supreme court under article 3217
or the high court under 22618 to seek justice which also includes the grant of compensation to
the victim.

Following the case of Maneka Gandhi vs. Union of India,19 the Supreme Court has given a
broad and dynamic interpretation of Article 21 of the Indian Constitution to maintain law and
order as a sovereign function, because there was previously no compensation for those who
had suffered a loss as a result of wrongful conviction.

The Court in Bhim Singh, MLA v/s State of J & K And Ors,20 and others focused on the
need to provide compensation to the victims, but did not determine the appropriate
methodology to determine the compensation awarded to the victim.

Following the judgment in the case of Rudal Shah v. State of Bihar,21 the Supreme Court
granted compensation to a victim who had been wrongfully imprisoned for 14 years. In the
case of Nilabati Behera v. State of Orissa,22 the Court also decided that awarding
compensation as a remedy under public law is permitted.

15
Constitution of India 1950, art.21.
16
Constitution of India 1950, art.22.
17
Constitution of India 1950, art.32.
18
Constitution Of India 1950, art.226.
19
Maneka Gandhi Vs Union of India, (1978) 1 SCC 248.
20
Bhim Singh, MLA v/s State of J & K And Ors, AIR 1986 SC 494.
21
Rudal Shah v. State of Bihar, (1983) 4 SCC 141.
22
Nilabati Behera v. State of Orissa, AIR 1993 SC 1960.

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It is mainly the violation of a fundamental right, or the abuse of the legal process, etc., that
constitutes wrongful conviction. The Supreme Court and the High Courts are empowered to
order the State to compensate the aggrieved party and to serve as a deterrent to any future
wrongdoing as mentioned in the case Ram Lakhan Singh v. State Government of Uttar
Pradesh.23 There is no set framework in which to determine what particular compensation
should be awarded. The Indian Constitution does not clearly allow for compensation as a form
of public remedy for violations of basic rights. The courts have developed this concept. It's a
remedy that's determined on a case-by-case basis, so it's very dependent on the facts and
circumstances of each instance. As a result, this remedy might be arbitrary, sporadic, and
indeterminate.24

In various judgments, the Supreme Court has tried to limit the scope of conditions covered by
the remedy of awarding compensation for violations of Article 21.

The petitioner in Sube Singh v. the State of Haryana,25 alleged illegal detention, custodial
torture, and harassment of a family member; however, the supreme court in this case did not
award any compensation due to the lack of clear and incontrovertible evidence, and established
the proposition that compensation is not to be awarded in all cases of violation of Article 21.

Thus, it is very well understood that even though the Supreme Court has taken extremely
positive steps and made great strides in developing compensatory jurisprudence to provide
compensation to victims of wrongful prosecution, incarceration, and conviction, the right to
seek compensation is not universal.

2. PRIVATE LAW REMEDY:

There is a corresponding law that relates to individual relationships rather than relations
between individuals and the state. Here, the remedy is a civil lawsuit against the State. Civil
suits provide redress by holding the government responsible for its actions and seeking
payment of monetary damages. In this case, the State is held responsible for tortuous acts
committed by it or its representatives for monetary damages. As a result, the government of
India can be sued in its name under Article 300 of the constitution. The Supreme Court has
stated that this remedy is distinct from the constitutional remedy available under writ

23
Ram Lakhan Singh v. State Government of Uttar Pradesh, (2015) 16 SCC 715.
24
Law commission of India, ‘Wrongful Prosecution (Miscarriage of Justice): Legal Remedies’
(lawcommissionofindia.nic.in 2018) < https://lawcommissionofindia.nic.in/reports/Report277.pdf> accessed 11
January 2022.
25
Sube Singh v. the State of Haryana, (2006) 3 SCC 178.

16
jurisdiction. Damages vary from compensation in that the former is based on private law rights
such as tort, whereas the latter is more similar to exemplary reparation. It is the process of
repairing the wrongs caused by a breach of public duty by means of pecuniary compensation.

In the case of State of Rajasthan v. Smt. Vidhyawathi,26 it was decided that India, as a
republican and socialist state, should be held vicariously liable for the tortious acts of its
servant. The idea of state immunity for the tortious acts of its officials has therefore vanished,
and the distinction between sovereign and non-sovereign activities is no longer a basis for
denying the culpability of sovereign acts.

In the case of State of Bihar v. Rameshwar Prasad Baidya & Anr,27 it was decided that the
state would be liable for the malicious prosecution carried out by state officials and that the
accused should be compensated for the harassment he suffered throughout the criminal
proceedings.

The Supreme Court held in Kasturi Lal Ralia Ram Jain v. State of U.P,28 that when a suit is
filed against state officials or police officers for damages and losses suffered by the victim as
a result of their negligence, the principle of sovereign immunity will apply, implying that
government officials will not be held liable to pay compensation because they were performing
a sovereign function.

3. CRIMINAL LAW REMEDY

In earlier laws, there were different remedies available as a result of wrongful prosecution,
conviction, or incarceration, but this law only provides remedies for miscarriages of justice.
The provisions regarding these are found within the Indian Penal Code, 1860 (IPC) and the
Criminal Procedure Code, 1973 (Cr. PC), which define the substantive and procedural rules for
actions taken by the wrongdoer or against him.

o INDIAN PENAL CODE, 1860:

The offences committed by public servants are dealt with under Chapter IX of the IPC. It also
deals with crimes that are committed by public officials but are disclosed to them. In addition,
Chapter XI discusses false evidence and misconduct in the name of public justice, as well as
the barrier to justice. It also punishes any evidence of the investigating agency, such as police

26
State of Rajasthan v. Smt. Vidhyawathi, A.I.R. 1962 S.C.933.
27
State of Bihar v. Rameshwar Prasad Baidya & Anr, AIR 1980 Pat 267.
28
Kasturi Lal Ralia Ram Jain v. State of U.P, 1965 AIR 1039.

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officers and the prosecution, interfering with the investigation, prosecution, trial, or other
criminal actions. The deliberate fabrication of a false/incorrect record by a public officer to
cause loss or harm to any person is punishable under Section 218 of the IPC. The IPC, Section
191 to Section 195, deals with the fabrication of false evidence and falsification of evidence
when done with the purpose of obtaining or sustaining a judicial opinion in relation to any
question material to the outcome of the judicial proceeding.

o CODE OF CRIMINAL PROCEDURE:

Sections 132 and 197 of the Criminal Procedure Code provide measures to protect judges and
public workers against malpractice suits based on their acts while executing a public duty.
Section 358 deals with the monetary compensation given to someone who is wrongfully
arrested.

In the case State v. Mohd. Naushad & Ors,29 The Delhi High Court held that police officers
should be penalised for poor investigation practises that resulted in a mistake in the
presumption of guilt, causing the entire case to unravel.

In the case Mohd. Jalees Ansari & Ors. v. Central Bureau of Investigation,30 it was held
that the individual was freed of all accusations after 23 years of wrongful imprisonment, and
the court held the officials are responsible.

As a result, while there may be no prescribed laws, the courts have evolved and provided justice
to the convicts in every way possible in order to keep the promise of giving justice to each and
every individual; no one is denied justice.

INDIAN PERSPECTIVES- 277th LAW COMMISSION REPORT

For India, wrongful conviction is not a new concept. There has been a steady increase in cases
of wrongful conviction from the British era to the Modi era. Article 21 of the Constitution of
India states every individual has the right to live their lives in freedom and dignity, but in
reality, this does not happen all the time. Having the right to live with dignity goes beyond
mere animal existence to living in a free society in which they are protected from state
atrocities. Those who violate fundamental rights due to police atrocities or prosecutorial
misconduct expose the state to liability and it cannot hide behind the garb of sovereign powers.
The criminal justice system brings out legal mechanisms to compensate the victims and punish

29
State v. Mohd. Naushad & Ors, CRL.A. 948 of 2010 [2012] (High Court).
30
Mohd. Jalees Ansari & Ors. v. Central Bureau of Investigation, AIR 2016 SC 2461.

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the perpetrators. However, the Constitution is silent about compensation, over time, the
judiciary has developed compensatory jurisprudence whereby a state is liable for human rights
violations. As one of the most fundamental human rights, miscarriage of justice, requires
compensation for the victims of wrongful convictions in this case.

In its decision in the matter of Babloo Chauhan @Dabloo v. State Govt. of NCT of Delhi,31
the Delhi High Court voiced serious concern over the suffering of innocent people wrongfully
convicted and imprisoned for crimes they did not commit. The court emphasised the
importance of establishing a legal framework to provide victims with redress and
compensation. As a result, the court directed the law commission to conduct a thorough
investigation into the matter and provide recommendations to the Indian government.

Currently, Indian law only recognises remedies that impose ex-gratia responsibilities on the
state and does not impose any legislative obligation to compensate victims who have suffered
as a result of faulty investigation or contaminated prosecution. As a result, the research suggests
that specific regulations be enacted to compensate victims of miscarriages of justice. As a
result, the Law Commission has suggested that a new Chapter 18 be added to the Code of
Criminal Procedure, which would provide a framework for adjudication of claims of wrongful
conviction and payment of compensation to victims by the state.

RECOMMENDATIONS OF THE REPORT

The commission, led by justice B S Chauhan, stated in its 277th report that there should be a
well-established legislative mechanism that provides a transparent, uniform, cheap, effective,
and speedy redress for victims of wrongful conviction.

1. Special Courts:
The commission recommends that special courts be established in each district to
expedite the settlement of wrongful compensation cases.
2. Cause of action:
In order to claim compensation, the claimant must state that wrongful prosecution led
to acquittal. A wrongful prosecution is one that is committed maliciously or without
good faith.
3. Legal Framework:

31
Babloo (n 6).

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 To provide adequate compensation to victims of a miscarriage of justice, the CrPC must
be amended. Miscarriage of justice is a wide word that includes all wrongful or
malicious prosecutions, regardless of whether they result in conviction or
imprisonment.
4. Nature of proceedings:
In order to speed up the case's settlement, summary procedures must be used in the
special court.
5. Compensation:
The commission proposes that the CrPC be amended to provide basic guidelines for the
court to consider when determining compensation amounts. The severity of the offence,
the harshness of the penalty, the duration of incarceration, health and reputational
damages, and the loss of opportunities must all be taken into account in the
recommendations.

The report of the Law Commission is limited to compensation for victims of unlawful
prosecutions, which the Commission defines as victims of different human rights breaches by
police and prosecutors. And the state has responsibility to prevent reoccurrence of human rights
violations. Preventive remedies are especially important if authorities are unable to simply pay
their way out of human rights breaches by paying often little damages awards.

INTERNATIONAL PERSPECTIVE

Wrongful conviction is a human rights violation. In 1945, the Universal Declaration of Human
Rights specified this concept.32 The United Nations Human Rights Committee has also stated
that states must establish appropriate laws to guarantee that victims of wrongful convictions
are compensated and that the compensation is provided within a fair time limit. Furthermore,
The International Covenant on Civil and Political Rights, signed and accepted by the world
community in 1966, was a ground-breaking declaration aimed at preventing miscarriages of
justice. The ICCPR requires the state to avoid situations of wrongful conviction resulting in a
miscarriage of justice. The State is required to compensate the victim of a wrongful conviction
under Article 14(6) of the ICCPR33 if the conviction was final and was later overturned or
pardoned on the grounds that he was innocent.

32
Universal Declaration Human Right of 1945.
33
International Covenant on Civil and Political Right of 1966, art 14(6).

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Many states have enacted their own legislation in accordance with the aforementioned
standards. The Criminal Justice Act of 1988 has been implemented in the United Kingdom.
The Secretary of State is required to give compensation to a person who has been punished as
a result of a wrongful conviction under sections 133, 133A, and 133B of the Act, subject to
certain conditions. A similar clause exists in the German Constitution of 1949, which is
included in Article 34. The United States, which is recognised as a champion of human rights,
has established dual government responsibility through state and federal laws.

SUGGESTION:

o Provide an effective communication platform for the parties.

o In the administrative side of the court, there is a need for change.
o A speedy trial- there should be less adjournments.
o For such complaints, an independent body should be established.
o Section 211 of the IPC (punishment for malicious prosecution) should be strengthened.
o Media censorship.
o Legal framework should be enacted to address it.

CONCLUSION:

The rule of law is upheld, preserved, and protected through the criminal justice system. It
is responsible for maintaining order, ensuring prompt justice, imposing sanctions, and
rehabilitating criminals. There are several flaws in our criminal justice system, one of which
is wrongful convictions. They violate all over every Indian citizen's fundamental right and
undermine one of criminal law's most well-established principles: that an accused is
presumed innocent until proven guilty of the crime. In order to ensure that no one is treated
unfairly, the presumption of innocence has been included into our criminal justice system.
Both the prosecution and the defence must ensure that the case is free of any misconduct,
fraud, or corruption.

Wrongful conviction and prosecution are a severe problem that must be addressed quickly
and fairly. This isn't a coincidence or a tragedy; it's a mistake or misidentification of certain
facts or circumstances relevant to the case, either deliberately or unknowingly, depending
on the scenario, that puts the innocent in danger. As a result of this people lose trust and
faith in Indian judiciary system which calls into question our criminal justice system, as
innocent people are imprisoned while criminals roam free on the streets, which is an

21
 embarrassing situation. Therefore, the criminal justice system must maintain balance by
ensuring that only the true offenders get punishment and that no innocent people are
imprisoned. The main aim of this system is to deliver justice to convicted criminals. It can
only be done if the real culprit is charged and imprisoned for the crime he committed. It
must be remembered that wrongful convictions can bring irreversible harm to the innocent's
personal and social lives.

Therefore, the state should take reasonable steps to prevent tragedies of wrongful conviction
by improving the quality of legal representation for those who cannot afford it and
providing proper eyewitnesses increase the reliability of evidence in our courtrooms, proper
method of identification and interrogation should be required, and so on.

REFERENCES:

1. Ruchika Jha, ‘Wrongful Conviction: How State can Undo Harm?’ (lawtimesjournal.in,
14 march 2020) < http://lawtimesjournal.in/wrongful-convictions-how-can-state-undo-
harm/> accessed 10 January 2022.
2. Keerti Singh, ‘Wrongful Conviction: How can the State undo the harm?’
(ejusticeindia.com, 15 august 2020) <https://www.ejusticeindia.com/wrongful-
conviction/> accessed January 10 2022.
3. law commission of india, ‘wrongful prosecution (miscarriage of justice): legal
remedies (lawcommissionofindia.nic.in 2018)
<https://lawcommissionofindia.nic.in/reports/report27.pdf> accessed 11 January 2022.
4. Babloo Chauhan V. N.C.T Delhi, CRL.A. 137 of 2013 [2017] (High court).
5. Maneka Gandhi Vs Union of India, (1978) 1 SCC 248.
6. Bhim Singh, MLA v/s State of J & K And Ors, AIR 1986 SC 494.
7. Rudal Shah v. State of Bihar, (1983) 4 SCC 141.
8. Nilabati Behera v. State of Orissa, AIR 1993 SC 1960.
9. Ram Lakhan Singh v. State Government of Uttar Pradesh, (2015) 16 SCC 715.
10. Sube Singh v. the State of Haryana, (2006) 3 SCC 178.
11. State of Rajasthan v. Smt. Vidhyawathi, A.I.R. 1962 S.C.933.
12. State of Bihar v. Rameshwar Prasad Baidya & Anr, AIR 1980 Pat 267.
13. Kasturi Lal Ralia Ram Jain v. State of U.P, 1965 AIR 1039.
14. State v. Mohd. Naushad & Ors, CRL.A. 948 of 2010 [2012] (High Court).
15. Mohd. Jalees Ansari & Ors. v. Central Bureau of Investigation, AIR 2016 SC 2461.

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