Miscarriage of Justice: A Judicial Analysis​​

Nikitha Suresh and Lucy Sara George
Kerala Law Academy Law College, India.

Volume IV, Issue I, 2021

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

DOI: http://doi.one/10.1732/IJLMH.25899