Law Comm for provision to compensate wrong prosecution

The Law Commission on Thursday recommended the enactment of a specific legal provision for quick redressal of complaints of a miscarriage of justice due to wrongful prosecution and award of compensation to the victims.

In its 277th report, the Commission headed by Justice B S Chauhan said there needs to be an established legislative process, according a transparent, uniform, affordable and efficacious and timely remedy for the loss and harm inflicted on the victims on account of wrongful prosecution.

“The injustice caused to the innocent needs to be redressed within the framework of rights and not ex-gratia by the state,” it said in its report on 'Wrongful Prosecution (Miscarriage of Justice): Legal Remedies'.

It recommended designation of special courts in each district for adjudicating upon claims of compensation for wrongful prosecution. The cause for action would arise if there was malicious prosecution or prosecution without good faith and there was an acquittal. “The foundation for this cause of action lies in the abuse of the legal process by wrongfully setting the law in motion and it is designated to discourage perversion of the machinery of justice for improper cause,” it said.

Compensation

The compensation in such cases would depend upon various factors, including the seriousness of the offence, severity of punishment, the length of incarceration, loss or damage to health, psychological and emotional harm and the status of the victim in the society, it said in the 112-page report.