New Delhi:
In a landmark decision that could shape India’s justice system for years to come, the Supreme Court has called for a dedicated law to compensate people who are wrongly imprisoned for years — a protection that many developed nations already guarantee.
On July 15, a bench comprising Justice Vikram Nath, Justice Sanjay Karol, and Justice Sandeep Mehta delivered a powerful verdict while acquitting a man who had spent years on death row for a crime he did not commit. The judges pointed out a glaring gap in India’s legal framework: unlike the United States, India has no law to adequately compensate the innocent who lose precious years of their life behind bars.
What Did the Court Say?
The judgment, authored by Justice Sanjay Karol, noted that in countries like the US, people who are acquitted after long-term wrongful imprisonment have a clear legal right to claim compensation. There, both federal and state laws recognise two broad avenues for such claims:
1️⃣ Civil rights or tort claims — where victims can sue the authorities for damages.
2️⃣ Statutory claims — where specific laws provide compensation to the wrongfully convicted.
Unfortunately, India does not have such clear remedies in place.
Law Commission Report Fell Short
Interestingly, the court highlighted that the 277th Law Commission Report did touch upon the issue — but only partially. It limited its recommendations to cases of malicious prosecution (where someone is prosecuted without reasonable cause or in bad faith), without fully addressing the plight of those wrongly convicted despite no malicious intent.
A Question of Fundamental Rights
The bench made it clear: Prolonged wrongful detention violates Article 21 of the Constitution — the fundamental right to life and personal liberty. If someone is robbed of their freedom unjustly, they must be compensated.
While different courts have sometimes granted compensation in such cases, India still lacks a uniform law to ensure every victim of wrongful imprisonment gets justice, even after acquittal.
Time for Parliament to Act
The Supreme Court has firmly stated that it is now up to Parliament to enact a clear law that provides for compensation in such tragic cases. Recently, another Supreme Court bench also held that an acquittal after wrongful imprisonment can give rise to a valid claim for damages.
Why This Matters
A single wrongful conviction can ruin a life — dreams lost, families broken, years wasted. Countries like the US have recognised this harsh truth and made laws to help victims rebuild their lives. India’s highest court has now sounded a wake-up call — it’s time the law stands by the innocent who paid the price for the system’s failings.
✅ Key Takeaway:
Justice delayed is not just justice denied — it must be compensated too.
What do you think? Should India introduce a law to compensate those wrongfully imprisoned? Share your thoughts in the comments below!
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