Aug. 31, 2018

The Law Commission of India submitted its Report No. 277 titled ‘Wrongful Prosecution (Miscarriage of Justice): Legal Remedies’ to the Government of India.


  • In 2017, The Delhi High Court, in its order in the case of Babloo Chauhan @ Dabloo vs. State Govt. of NCT of Delhi expressed grave concern about the state of innocent persons being wrongfully prosecuted.

  • It asked the Law Commission to make recommendations on a legislative framework for providing relief and rehabilitation to victims of wrongful prosecution.

Global scenario:

  • Internationally, the issue of wrongful prosecution and conviction of innocent persons is identified as ‘miscarriage of justice’.

  • The International Covenant on Civil and Political Rights (‘ICCPR’, ratified by India) also creates an obligation on the State parties to enact a law to compensate the victims of such miscarriage of justice.

Summary of Law Commission Report no. 277:

  • This report recommends ‘wrongful prosecution’ to be the standards of miscarriage of justice, as against ‘wrongful conviction’ and ‘wrongful incarceration’.

  • ‘Wrongful prosecution’ would include cases where the accused is not guilty of the offence, and the prosecution engaged in misconduct in investigating and/or prosecuting the person.

  • It recommends enacting a specific legal provision to provide relief to the victims of wrongful prosecution in terms of monetary and non-monetary compensation (such as counselling, vocational / employment skills development etc.) within a statutory framework.

  • Compensation framework: It also enumerates the core principles of the recommended framework –
    • Defining ‘wrongful prosecution’ i.e., cases in which claim for compensation can be filed,

    • Designation of a Special Court to decide claims of compensation where filed,

    • Timeline for deciding the claim,

    • financial and other factors to be considered while determining the compensation,

    • provisions for interim compensation in certain *cases etc.

Source : PIB