By Sheetanshu Singh
There is no criminal justice system in the world that is infallible. On top of all that, it has been observed that Indian courts are overburdened, resulting in long delays and unjustified situations for the parties involved. Access to justice also appears to be a distant reality for those who are marginalized or economically unstable.
A victim of a wrongful conviction has to travel a shoddy journey from the police station to the courts, which violates their fundamental human rights several times a day. The question that stands before us is whether the government can reinstall all the lost years from the life of a victim wrongfully convicted. The government’s failure to comply with natural justice principles and unjust, unlawful convictions present unique difficulties that must be addressed and analyzed.
The paper describes the victim’s perspective due to wrongful convictions and the criminal justice system’s inability to deliver appropriate justice. Furthermore, the study examines and reviews the criminal justice system and its shortcomings. Judicial literature outlined in various landmark cases forms a significant part of this paper. Lastly, the study concludes by stressing the need for a uniform compensation legislative framework in India. Therefore, it is necessary to develop a better understanding of wrongful convictions and reduce or eliminate them to protect the innocent and society from ongoing victimization by criminals who remain free while innocent people are sent to prisons or even sentenced to death.
In the words of William Blackstone, “It is better that ten guilty persons escape than that one innocent suffer.”
One of the critical problems our country faces regarding the criminal justice system is the increased rate of wrongful convictions. As a result, more innocent people are incarcerated today compared to any other time in history.
Wrongful convictions in India
India is a self-governing union governed by the rule of law, and it is governed by the Indian Constitution. The rule of law demonstrates that the law is comprehensive and secure, as evidenced by legal authorizations that are constantly available and respond to people’s wants and issues in a reasonable and unbiased manner. The financial assets and judicial system, which should track the practice of swift and fair justice, are utilized to measure a country’s growth progress. Individuals have a set of fundamental rights guaranteed by our Constitution, which are fundamental human rights. The voyage for exactness is the institution of fairness delivery apparatus which seeks to encourage and safeguard the rule of law.
Wrongful conviction occurs when people who are innocent are found guilty in our legal system, notably in criminal instances. Defendants are coerced or compelled to plead guilty to a crime they did not commit in order to avoid the death penalty or life in prison. It also refers to when a jury convicts someone despite a good defense and when a court overturns a conviction, regardless of whether the defendant’s factual guilt was obtained in violation of his constitutional rights.
An injustice or miscarriage of justice occurs when an innocent person spends years in prison or on death row as a result of a wrongful conviction. This injustice occurs on a daily basis in Indian courts, raising serious issues about the criminal justice system’s accuracy and impartiality. The administration of the criminal justice system continues to evolve in response to changing economic and social situations. It is the primary responsibility of the legal body to maintain the balance, criminal law that is concerned with social protection and encourages standards of conduct to be marked by everyone, and on the other hand, individual liberty, security, and firmness in the society or community.
Problems faced by wrongfully convicted persons
When a person is falsely accused, imprisoned, and convicted, it leaves a permanent mark on their lives. Reintegration into society following release or acquittal is incredibly difficult due to the loss of valuable and irreversible time and years of one’s life, as well as the psychological and economic obstacles that the victim faces.
In a study conducted on the psychological impact of wrongful imprisonment by Professor John Wilson of Cleveland State University, it was discovered that most exonerates encounter multiple and distinct psychological disorders following their incarceration and these disorders appear to evolve along a continuum as time drags on.
Upon arrest, the initial emotional reactions are shock, fear, disavowal, and disbelief. There is a sense of unreality about the situation. Further, the sense of injustice develops in the victim which leads to a deep psychological impact and leaves a permanent psychological injury. The feeling of loss of freedom, abandonment by humanity and god, loss of identity and dignity, shame, fear, rage, etc. lead to a traumatic experience for the victim; thus, leading to the development of Post-traumatic stress disorder (PTSD), anxiety, depression, obsessive-compulsions, phobias, and paranoia as adaptations to the wrongful conviction, incarceration, and prosecution.
Given all of the negative effects of the state’s wrongdoings, it is all the more important for the state to right the wrongs it has committed and assist the victim in reintegrating into society. In such instances, the state’s compensation becomes even more important.
Case laws
Rudal Sah v. State of Bihar[i] was the pivotal case that established the precedent of granting compensation through the exercise of writ jurisdiction in circumstances of unlawful incarceration. In this case, the petitioner was wrongfully incarcerated for 14 years, and the Supreme Court, while giving the petitioner Rs 30,000 in compensation for violations of Articles 21 and 22 of the Constitution, found – “One of the telling ways in which the violation of that right can reasonably be prevented and due compliance with the mandate of Article 21 secured, is to mulct its violators in the payment of monetary compensation.”
Following that, in Bhim Singh, MLA v. State of J & K & Ors,[ii] the Supreme Court awarded a sum of Rs 50,000/- as compensation for the unlawful detention of an MLA who was intentionally prevented from attending a session of the Legislative Assembly by arresting him and illegally detaining him in police custody, thus violating his constitutional rights under Article 21 and Article 22(2). The court stated, “When a person comes to us with the complaint that he has been arrested and imprisoned with mischievous or malicious intent and that his constitutional and legal rights were invaded, the mischief or malice and the invasion may not be washed away or wished away by his being set free. Inappropriate cases we have the jurisdiction to compensate the victim by awarding suitable monetary compensation.”
The Supreme Court acquitted the accused defendants who had been imprisoned for over ten years in the case of Adambhai Sulemenbhai Ajmeri & Ors. v. State of Gujarat[iii] noting that ‘perversity in conducting this case at various stages, right from the investigation level’ to ‘the conviction and awarding of sentence to the accused persons by the Special Court (POTA) and confirmation of the same by the High Court.’ The Supreme court further noted that the ‘Instead of booking the real culprits responsible for taking so many precious lives, the police caught innocent people and got imposed the grievous charges against them which resulted in their conviction and subsequent sentencing.’ However, the Court did not award any compensation to the victims in this case. Further, the victims filed a separate appeal in the Supreme Court demanding compensation from the state for their wrongful incarceration. However, the Supreme Court rejected the appeal for compensation on the grounds that acquittal by a court did not automatically entitle those acquitted to compensation and if compensation is to be awarded for acquittal, it will set a ‘dangerous precedent.’
The Indian courts have developed rich compensation jurisprudence for victims of unfair prosecution, detention, and convictions via a number of major decisions. However, there are several flaws in the existing system, since the decision to award compensation and the amount of compensation is still left to the discretion of the court. Furthermore, the remedy of compensation puts an ex gratia responsibility on the State to compensate, rather than a legislative requirement.
Victims who have been wrongfully accused have their fundamental rights violated. The victims’ unfortunate situation following their conviction exemplifies the state’s imprudent reaction to these victims. The victims rely on the mercy of the state after they are released from prison. The compensation scheme is inconsistent, capricious, and arbitrary because it differs in each case. Inexplicably, simply paying the compensation is only a minor approach toward restoring the victims’ status quo. Furthermore, the victims’ precarious situation is exacerbated by procedural difficulties. This is an indication of a miscarriage of justice, and legislation is required to ensure that people are not wrongfully convicted and punished and that if they are, proper remedies are available.
–Sheetanshu Singh is a fourth year student of National Law Institute, Bhopal
[i] Rudal Sah v. State of Bihar, (1983) 4 SCC 141.
[ii] Shri Bhim Singh, MLA v. State of Jammu & Kashmir Ors. AIR 1986 SC 494.
[iii] Adambhai Sulemenbhai Ajmeri & Ors. v. State of Gujarat (2014) 7 SCC 716.