Miscarriage of Justice: A Judicial Analysis

The Miscarriage of Justice refers to the wrongful prosecution and conviction of innocent people. It is a result of faulty and erroneous appreciation of evidence. The ambit of wrongful prosecution, herein, would include (i) Malicious prosecutions; and (ii) Prosecutions instituted without good faith. The claim for compensation can be brought by the accused person so injured; or by any agent duly authorized by the said accused person; or where the accused person died after the termination of the wrongful prosecution, by all or any of the heirs or legal representatives of the deceased.t​