The Allahabad High Court has called for a law to compensate those wrongfully prosecuted, noting that trial courts may convict innocent individuals to protect their own reputations. The Court emphasized the need for a structured compensation framework after acquitting a man who spent 13 years in prison for a murder he did not commit, citing concerns over India’s justice system.
Allahabad: The Allahabad High Court has emphasized the need for a law to compensate individuals who are wrongfully prosecuted, observing that trial court judges may sometimes convict innocent persons to protect their reputation or career prospects.
“The 277th Report of the Law Commission ought to have been accepted by the Government since the trial courts often convict accused in cases of heinous offences due to fear of higher courts, even in clear cases of acquittal,”
noted Justices Siddharth and Syed Qamar Hasan Rizvi, who recently acquitted a man wrongfully accused of murdering his wife in 2009 after he had already spent over 13 years in prison.
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In its ruling on October 25, the Court highlighted that there is currently no effective framework for compensating individuals who suffer wrongful convictions, despite provisions in Articles 14 (equality) and 21 (right to life and liberty) of the Constitution. The Court expressed disappointment, stating,
“Violations of Articles 14 and 21 of the Constitution for wrongfully prosecuted persons continue unabated.”
The Court further criticized the Bhartiya Nagrik Suraksha Sanhita, 2023, for its lack of provisions addressing the plight of wrongfully prosecuted persons.
The Court highlighted the tragic effects of wrongful convictions on individuals’ lives, as they often struggle to reintegrate into society after their release, facing significant social and emotional challenges.
“Even if wrongfully convicted persons are ultimately acquitted, they find it hard to go back to society and to their families,”
the Court noted. It urged the State to introduce measures that provide “some pecuniary compensation” to alleviate their suffering and help them rebuild their lives without becoming a financial burden on their families.
The man who was recently acquitted had been accused in 2009 of making dowry demands and inflicting cruelty on his wife, with charges later escalating to Section 302 (murder) and Section 316 under the Indian Penal Code (IPC) after his wife’s death. The High Court found that the prosecution failed to prove charges of dowry death or cruelty, yet the trial court had convicted the accused of murder, largely on the grounds that a two-month-old fetus was found in his deceased wife’s womb. The High Court also observed that the man was not given a fair opportunity to defend himself against this additional murder charge.
“There is no doubt that charges can be altered at any stage of the trial, but in such a case, the learned trial court should give proper and fair opportunity to the accused to defend himself against the altered charge,”
the High Court stated. In the absence of a legal framework for awarding compensation, however, the Court could not grant financial relief to the wrongfully accused man, even though his acquittal came over a decade after his initial imprisonment.
Reflecting on the limitations of India’s justice system, the Court remarked,
“For the hundreds of innocent persons, who are wrongfully prosecuted but later acquitted after years, our justice delivery system takes little pains to make amends.”
While some isolated judgments have awarded compensation through writ jurisdiction, the Court noted that a more uniform compensation model remains lacking.
Ultimately, this ruling underscores the need for a systematic legal structure to prevent wrongful convictions and support victims of judicial errors in their reintegration efforts, bringing India’s judicial processes closer to achieving justice and equity for all.
Read the Judgement here:
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