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Petition filed In SC seeking Compensation for Wrongful Prosecution and Incarceration

Team SoOLEGAL 11 Jun 2020 2:00pm

Petition filed In SC seeking Compensation for Wrongful Prosecution and Incarceration

Recently a petition was filed in the Supreme Court of India in order to give certain directions to the Government for enacting law of compensation and rehabilitations to the people who are acquitted having been stayed in jail for years after years due to wrongful prosecution.

There is only one purpose for making this petition and that is compensating the victim who had spent half of their lives in jail but later it was proved that the accused was not guilty. These are the persons who are the victim of the legal system and later get acquitted after spending many years in jail for a crime that he/she did not commit.

An interpretation of Section 2(w)of  CrPC which defines the term ‘victim’ and Section 357-A of CrPC which provides for victim compensation scheme was sought by the petitioner.

 According to the petitioners, the Government of the State, in coordination with the central government must prepare a scheme for the provision of funds to compensate the victim or his dependants who are required to be rehabilitated after having suffered or injury as a result of crime.

The people who are wrongfully accused and due to the delay in the legal system the victim had to spend years after years in jail and this violates the fundamental rights which is right to life and liberty under Article 21 of the Constitution of India and also right to equality under the Constitution. Hence it would be very helpful for the victim if he/she is compensated by the legal systems so that the victim can gain back his/her reputations and dignity.

Provisions of Article 14 of ICCPR was also referred by the petitioner and it was discussed by the United Nation Human Rights Commission that the State must enact a legislation to make sure that the compensation is being given to the victim within a reasonable period of time.

According to the National Crime Regulation Bureau, in the context of trials the number of prisoners across the country to be higher than the population of the convicted person and the conviction rate was 48 percent, whereas 50 percent was the acquittal.



Tagged: Supreme Court   wrongful prosecution   central government   Constitution of India   Article 21  
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