“Better that ten guilty person’s escape than that one
innocent suffer”- William Blackstone
Delivery of justice is a grave problem in the Indian
Justice system. Article 21 of the Constitution of India confers on every
person, the fundamental right of life and personal
liberty. “Despite this, instances of malicious prosecution and wrongful
incarceration of innocent persons are quite common”.
“The National Crime Records Bureau’s (NCRB) annual
statistical report called the ‘Prison Statistics India’ contains information
with respect to prisons, prisoners and prisons infrastructure[1]”.
A review of the data in the PSI shows that across the country under trial
prisoners continue to be higher in number than the convict population. Also “the
data of the period of incarceration, release, and increase in the number of under-trial
prisoners year after year shows that undertrials spent a substantial period of
time awaiting trials/ judicial determination of their case. This delay and
waiting becomes a graver miscarriage of justice when the person is wrongfully
accused and incarcerated pending trial/proceedings, which he should not have
been subjected to in the first place.”
“Though the data does not specifically highlight the
number of undertrials wrongfully incarcerated or acquitted pursuant to a
wrongful prosecution or conviction but the number of prisoners released on
acquittal at the first instance and on appeal implies that many of such were
the victims of wrongful prosecution and incarceration.”
“The study of Indian laws show that thought the courts
has the power to award compensation in cases of wrongful incarceration,
imprisonment, etc but there is no set framework or statutory provision within
which the right to compensation or the quantum of companysation is determined.
This is one of the main reason due to which this problem is increasing year
after year.”
“Further, in cases where the compensation has been
given by the courts, it did not provide much clarity as to the basis of how the
amount of compensation was determined.”
Wrongful prosecution and imprisonment has a
significant impact on an individual’s lives.Once a person is released from the
jail after spending so many years of his life the trauma does not end on the
day of release itself, it becomes so difficult for them to reintegrate back in
the society because the society draws no distinction between an accused and a
convict.Some of the prisoners either don’t have a family or a home to return to
and when they are released they are homeless and face financial insecurity.
While looking for employment they face a lot of
barriers due to lack of education and work experience, also the criminal
records does not allow him to get back in the society due to the presence of
social stigma and stereotypes. They are not able to reconnect with themselves
and others. The aftermath of wrongful incarceration includes problems of
ruptured relationships, emotional toll and a lack of acceptance in their
communities. They experience dislocation from their family and social circles,
building relationships for them is very difficult.
“Such people are susceptible to a wide range of
psychological consequences like clinical personality change, anxiety disorders,
depression, suicides, anger, grief, paranoia, alcohol or drug dependence,
memory deficits, traumatic memories or dreams, restlessness, chronic insomnia,
among others.[2]”
Unlawful detention not only cause loss of years, but
can also create social stigma and ostracisation even after being released. “In
India, many people are not able to approach the Supreme Court or the High
Courts to seek compensation in case of such unlawful detention due to lack of
resources so a statutory right or provision is required which will thereby
provide a legal remedy to the people and also a systematic framework or means
to determine the quantum of compensation to be paid to the victim keeping
various factors in consideration.”
The research shows and proves that the wrongful
prosecution and incarceration has a severe impact on an individual’s life in
every way be it social, economic, physical, mental, etc. Wrongful prosecution
and incarceration lead to an increase in the number of under-trial prisoners
which further lead to the problem of overcrowding in prisons.There are
provisions mentioned in various laws but there is no specific law or statutory
provision dealing solely with this issue because of which this problem is
increasing year after year.Court has granted compensation in several cases but
there was no reasonable ground or means for determining the amount of
compensation to be paid. Also, this problem is leading to the pendency of cases
in the appellate forums.
[1]National
Crime Records Bureau, Prison Statistics India (2018), at17. http://ncrb.gov.in/StatPublications/PSI/Prison2018/PrisonStat2018.htm.
[2]Christina
Iannozzi, A Day in the Life the long-term effects and psychological aftermath
of wrongful conviction, (Apr, 2015).
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