Wrongful Prosecution of Innocent Persons: Law Commission Publishes Report, Recommends Amendments to CrPC

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August 31, 2018

The Law Commission of India on August 30, 2018 released its Report No. 277 on Wrongful Prosecution (Miscarriage of Justice): Legal Remedies.

The Report has been published by the Commission in furtherance of Delhi High Court’s observation in the case of Babloo Chauhan @ Dabloo v. State Government of NCT of Delhi, wherein the High Court expressed grave concern about wrongful prosecution and incarceration of innocent persons, highlighting the need for a legislative framework for providing relief to such persons.

The Commission in the Report has accordingly suggested amendments to the Code of Criminal Procedure and has prepared a Draft Bill titled “The Code of Criminal Procedure (Amendment) Bill, 2018” for bringing about clarity in the entire procedure recommended to prevent wrongful prosecution of innocent persons.

The Commission has inter alia suggested designation of Special Courts in each District for adjudicating upon claims of compensation for wrongful prosecution and also recommended the provision of Compensation i.e. establishing State’s liability to pay compensation in the proven cases of wrongful compensation to be paid in such cases.

The entire report can be accessed here.