Compensating The Innocent: A Critical Analysis Of The Regulatory Framework For Wrongful Prosecution

Abstract

In this paper, the author has sought to critically analyse the regulatory framework in India that addresses compensation for victims of Wrongful Prosecution. The victims of Wrongful Prosecution are victimized in a variety of ways by the Indian criminal justice system, such that there are no provisions in the existing laws governing the grant of compensation to assist and support them. In the present situation, they are completely at the mercy of the State, society, and the courts. The currently available solutions are complex and insufficient, and the current state restitution processes are atrociously deficient. The development of the notion of welfare states reflects the need to compensate such innocent victims to a great extent.

The paper analyses the international-level mechanism for the right of compensation. The role and the approach of the Supreme Court of India to grant compensation in cases involving false accusations, unjustified detention, and physical damage has been discussed. It also looks into the existing gaps in the relevant statutes. An important part of this paper is determining whether a statutory law or legal mechanism is required to provide victims of Wrongful Prosecution with prompt, efficient, and cost-effective justice.

In conclusion, this paper highlights the many problems and difficulties associated with compensation in the Indian Legal system and offers recommendations to address the inadequate remedies available to those who have been wrongfully prosecuted. This paper highlights the urgent need for an effective statutory framework mandating compensation for victims of Wrongful Prosecution, alongside necessary amendments to the existing laws governing compensatory provisions.