In a landmark development, the Supreme Court has decided to examine whether individuals wrongfully arrested, prosecuted, or convicted should be compensated for the years they lose in prison. The issue, highlighted in a Times of India report, draws attention to the recurring instances where innocent people are made “scapegoats” by the system, often through planted evidence or flawed investigations.
A bench of Justices Vikram Nath and Sandeep Mehta has sought the views of the Attorney General and Solicitor General to help formulate a legal framework for compensation. The move could have far-reaching consequences, considering India’s conviction rate is only around 54 per cent, leaving thousands of acquitted individuals with no restitution for their lost years.
Call for Legal Framework
As reported by the Times of India, senior advocate Gopal Subramanium, representing one such wrongfully accused person, told the Court that people who spend years in jail under false charges must be compensated, as such incarceration amounts to a violation of fundamental rights. He urged the Court to frame guidelines for compensating victims of wrongful prosecution, citing recommendations made earlier by the Law Commission of India.
If the Court proceeds to establish a compensation framework, it could mark a historic shift in India’s criminal justice system, ensuring accountability and restoring dignity to those who have unjustly suffered behind bars.
