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Law Commission to suggest introduce a Law to Compensate Victims of wrongful incarceration

December 18, 2017:

Law Commission had received a reference from Delhi High Court.

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The Law Commission will decide in the coming days should those wrongfully incarcerated be compensated and should India have a law in this regard? following a reference from the Delhi HC.

Delivering its order in November,2017, HC had expressed concern over lack of legal remedies for the victims of the “wrongful incarceration and malicious prosecution”.

Referring to a report of G.S Bajpai, a Professor of Criminology and Criminal Justice and Registrar at National Law University, Court had pointed out that 32 states in US have enacted laws that provide for the monetary and non-monetary compensation to people wrongfully incarcerated.

There are specific schemes in UK and New Zealand in this regard. Bajpai was appointed as Amicus Curiae (friend of Court) in the case.

The Delhi HC had stated that,”India has no exclusive legislation on this issue. But Supreme Court in the several cases has held that the compensation can be awarded by the Constitutional Courts for Violation of Fundamental Right. These have included instances of compensation being awarded to those wrongly incarcerated as well. But these are episodic and are not easily available to all similarly situated persons,” it had observed.

HC had asked Law Commission to recommend a legislative framework to Government to help such people, it stated that the possibility of invoking the civil remedies can be considered efficacious, affordable or timely.

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