Tactics that a State can use to avoid wrongful convictions
- Saakshi Khandelwal
- July 14, 2020
Content :
The Indian justice system works on the principle of “Fiat justitia ruat coelum”. Despite this instance of malicious prosecution/conviction of innocent persons are quite common. The anguish of being in jail due to wrongful conviction and comprehensive loss of liberty are only incorporated by thoughts of anything may have been there, than the wrongful conviction. In all such cases, individuals have wrongfully prosecuted and incarcerated for several precious years of their lives, even on honourable acquittal, have not much to gain. They have to face social stigma along with their family members and absence of any statutory provisions or state mechanisms aggravates their agony.
There are many countries including in the world which have ratified ICCPR and converted their commitment into law according to their judicial system. India, despite ratifying ICCPR, has till date failed to provide any domestic legislation for rehabilitation and compensation for victims. Even though there is constitutional right to claim compensation of unlawful arrests and detention under article 21 but compensation is awarded at discretion of court. Therefore, the need of the hour is a legal framework which exclusively deals with such issues and above all, how such wrongful convictions can be prevented.
Honourable High court of Delhi, therefore, requested Law Commission of India to undertake a comprehensive examination of the issue. The law commission accordingly recommended the insertion of new chapter under IPC providing for mechanism for adjudication upon the claims of wrongful prosecution and payment of compensation to the victims by state in its 277th Report. The report also recommended establishment of special courts so that claims can be decided as speedily as possible. The recommendations made in report have not yet incorporated under statute. However, they certainly show the way ahead.
But also “prevention is better than cure”. State needs to prevent such wrongful conviction at first. If such convictions can be prevented at first place, such tragedies won’t occur. India, being a welfare state needs to take progressive steps towards emancipation of victims of injustice.
