Issues & Challenges in Wrongful Prosecution vis-a-vis Uniformity of Law

  • Deepak and Dr. Anju Beniwal
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  • Deepak

    Research Scholar at Central University of Haryana, Mahendergarh, India

  • Dr. Anju Beniwal

    Assistant Professor at Law Department, Central University of Haryana. Mahendergarh, India

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The term ‘wrongful prosecution’ directly interconnects to the miscarriage of justice. One of the significant issues, which is a matter of concern, is that there is a backlog of cases in the courts and a shortage of judges; the recommendation Supra states that if it is proven that a person was wrongfully prosecuted, he will be compensated. What's more, if it is determined that a person has been unfairly prosecuted, the trial should begin at a specific time. The longer the trial lasts, the longer it will take to determine if someone was wrongly prosecuted. It has also been observed that while there is judicial precedent allowing a miscarriage survivor to sue. There is still no way for a victim of injustice to seek remedies from the Supreme Court or the High courts under their respective writ authority. Such a victim/claimant has a statutory entitlement to compensation. This paper will analyse the concept of wrongful prosecution and its present position in India. Also, this research paper will deal with important areas under this topic, including the Victims rights compensation, who can apply, and availability of remedies. Also, this paper will analyse whether there is any provision of uniform law regarding compensation for wrongful prosecution and recent trends, along with mentioning landmark and recent judgements.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 1, Page 863 - 872


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