Compensatory Mechanism for Victims of Miscarriage of Justice: Indian and International Perspective

The term Miscarriage of Justice generally refers to wrongful incarceration, wrongful prosecution, and wrongful conviction. In the Indian context, compensation for victims of miscarriage of justice primarily focuses on wrongful pre-trial detainees who end up in acquittal, rather than wrongful convictions, as observed by the Law Commission in its 2018 Report. With a high rate of undertrial prisoners and a low rate of conviction in India’s criminal justice system, studies reveal the need for a comprehensive reform where victims of miscarriage of justice are statutorily recognized and compensated. The paper analyses the prominent causes of wrongful prosecution in India, such as torture and forced confession, and argues that new criminal laws, by strengthening law enforcement agencies' unchecked powers, increase the risk of miscarriage of justice rather than preventing it. Also, judicial responses to such cases over the years have remained an ex-gratia remedy and have been inconsistent even in similar cases. It reflects the clear lack of accountability for the violation of rights committed against an individual by the system designated to protect those rights. In the global context, many countries have statutory provisions that give victims of wrongful prosecution and wrongful conviction a legal right to compensation, in compliance with the International Covenant on Civil and Political Rights (1966). The paper examines compensatory mechanisms in the United Kingdom, Canada, and the United States and draws on their key features, such as the Criminal Case Review Commission in the UK. The paper further proposes statutory and judicial frameworks in India to address wrongful incarceration, prosecution, and conviction, consistent with constitutional guarantees and international standards.