This article has been written by Mr. Mustafa Khan, a 1st year LLB student, at Integral University. A
Introduction:
The objective of the Indian criminal justice system is to protect the innocent while punishing the guilty. This method is not error-proof, though, and there have been occasions where people have been erroneously charged and found guilty. For the people concerned as well as the larger society, the occurrence of wrongful prosecution, also known as miscarriage of justice, can have serious repercussions. It can not only result in the imprisonment of innocent persons but also damage public confidence in the justice system. There have been several high-profile incidents of unjust convictions in India in recent years, underscoring the need for further focus on this problem. The consequences of unjust prosecution is always severe, regardless of the causes, which may include police wrongdoing, faulty forensic evidence, or ineffective legal counsel. Innocent people may serve lengthy prison sentences, deal with prejudice and societal stigma, and struggle to start over even after being released.
The purpose of this research study is to examine the problem of unfair prosecution in India in more detail. We will look at some of the most eminent recent examples as well as the elements that contribute to unjust convictions. We will also think about the social and legal repercussions of these injustices and evaluate what may be done to address them. We believe that this research will help to clarify a significant problem with India’s criminal justice system and advance efforts to make sure that everyone receives justice.
The Unintended Consequences of India’s Criminal Justice System: A Look at Wrongful Prosecution
The criminal justice system in India is set up to protect the rule of law and guarantee that justice is done. However, the system is not perfect, and there have been many instances of unfair prosecutions in India. When an innocent person is charged, tried, and found guilty for a crime they did not commit, this is referred to as wrongful prosecution, also known as a miscarriage of justice. Wrongful prosecution has serious unintended effects that can have a big influence on both the victim and society as a whole. In India, wrongful prosecution can be the consequence of a variety of things, such as poor forensic evidence, erroneous police actions, and coerced testimony. Some people receive incorrect convictions as a result of poor legal counsel or institutional prejudices in the criminal justice system. Regardless of the reason, wrongful prosecution has a terrible effect on the individuals involved, as well as their families and communities.
Recently, the idea of malicious and unfair prosecution was brought back into the spotlight by a movie based on the life of former ISRO scientist Nambi Narayan, who was charged with espionage. When granting bail to comedian Munawar Faruqui in February 2021, the Supreme Court remarked that the charges against him were vague and that police hadn’t followed the legal procedure outlined in section 41 CRPC before the comedian was taken into custody.
After serving 8 months in prison on UAPA charges, Dr. Kafeel Khan was freed by the Allahabad High Court in 2019. Syed Hasif Haider spent eight years in prison on charges of murder and theft before being exonerated in 2009. Madhubala Mondal, an Assamese woman who spent three years in prison due to mistaken identity, was exonerated in 2019. After serving 23 years in prison, Kashmiri weaver Ali Mohammad Bhat was found not guilty in the Lajpat Nagar explosions case in July 2019. Vishnu Tiwari, a 43-year-old male, was freed from prison in March 2020 by the Allahabad High Court after serving almost 20 years behind bars. A Surat court in 2020 convened a hearing for the release of 127 prisoners who had spent 20 years in prison on terrorism-related accusations. Unfortunately, only 122 of the 127 could enjoy freedom because five of them passed away during the trial. In addition to their previous sufferings, these victims now have to deal with media trials that will have a long-lasting, profound impact on their social lives due to technical advancements and a growth in social media use among Indians. Come October 2019. After a DU student accused Saravjeet Singh of harassing her at a traffic signal in a Facebook post from 2015, he was called a “pervert” and a “eve teaser” by various media outlets and social media pages. Singh was cleared of all charges. He battled to keep his work over these years, went to court, and dealt with cyberbullying. Social media abuse and trolls.
The well-known Tablighi Jamaat case, in which a few overseas Muslims were wrongly charged with bringing the Corona virus to India and dubbed Corona Bombs by some media outlets, is another example of media trials. Even though a Delhi court pronounced them innocent, demonstrating their innocence, the emotional agony they experienced while living overseas was devastating.
Legal framework
In India, the wrongful prosecution legal system is intricate and multi-layered. The fundamental right to a fair trial, which is guaranteed by the Indian Constitution, is at the centre of the controversy. No one may be deprived of their life or personal liberty, unless in accordance with the legal process, according to Article 21 of the Constitution. This includes the right to a just and impartial trial where the accused is given the chance to defend themselves and the evidence is presented and evaluated objectively. The Apex Court gave a broad interpretation of Article 21 in Maneka Gandhi v. UOil and stated that the procedure contemplated by Article 21 must be “right, just, and fair” and not “arbitrary, fanciful, or oppressive.” This broader reading of Article 21 will serve as the foundation for any subsequent rulings involving victims’ compensation (which will be covered in a later section). The malicious prosecution violates both Article 22 (Protection against illegal imprisonment) and Article 21 (Right to life and personal liberty) of the Indian Constitution. The idea of public interest litigation also emerged as a new means of pursuing justice after the early 1980s; however, the only obstacle is the backlog of court cases. The National Judicial Data Grid (NJDG) reports that 26.55% (26.462) of appeals against convictions are still ongoing at the country’s High Courts after more than ten years.
Even the Supreme Court made the observation during an appeal decision in the first week of October that prisoner freedom is restricted when High Courts take too long to decide appeals of conviction or bail requests. Wrongful prosecution and confinement run counter to a person’s fundamental human rights. The National Human Rights Commission has the authority to look into cases of unjustified arrests, mishandled trials, malicious prosecutions, and other human rights breaches thanks to the Protection of Human Rights Act of 1963. Following an investigation, the NHRC may suggest that the state government award damages and bring legal action against responsible parties. These suggestions, however, are not enforceable against the State government. India has also ratified the International Covenant on Civil and Political Rights (ICCPR), which is the international legal system’s standard-bearer for civil and political rights. All signatories are obligated to take action to guarantee the Right to Compensation for Wrongful Prosecution, but India stated during ratification that there is no enforceable Right to Compensation for Wrongful Prosecution and Detention Victims under Indian Law. The Indian criminal justice system is governed by a number of statutes and regulations in addition to the Constitution. The primary law governing criminal proceedings in India is the Code of Criminal Procedure, 1973 (CrPC). The regulations on evidence, the function of the prosecution and the defence, and the rights of the accused are all outlined in the CrPC along with the processes that must be followed throughout a criminal trial. The Indian Evidence Act, 1872 (IEA), which controls the admissibility of evidence in criminal proceedings, is another crucial piece of legislation. The IEA outlines the procedures for presenting and assessing evidence, including guidelines for hearsay, professional judgement, and circumstantial evidence. The IEA also has provisions for the use of scientific evidence, including forensic analysis and DNA testing. An individual may use the legal system to seek justice if they were unfairly convicted. Appeals to higher courts, petitions for revision, and appeals for a pardon or sentence commutation are only a few of the methods for appeal that are provided by the Code of Criminal Procedure. The right to compensation for persons who were unfairly convicted has also been acknowledged by the Supreme Court of India. This entitlement might include monetary compensation as well as rehabilitation and other support services. There are a number of obstacles to properly resolving unjust prosecution in India, despite the existing legal structure. The ineffective implementation and enforcement of laws and regulations is one of the main problems. Furthermore, since the prosecution has the burden of proof in criminal cases, there may occasionally be insufficient investigation or reliance on circumstantial evidence. Wrongful convictions can sometimes result from insufficient legal representation for the accused, especially when cases involve marginalised communities.
In conclusion, the wrongful prosecution judicial system in India is intricate and multifaceted. The framework for ensuring a fair and impartial trial is provided by the Constitution and several rules and regulations, but it is nevertheless difficult to put these laws into practise and enforce them consistently. To ensure that justice is served for all, it is essential to address the structural problems that lead to erroneous convictions, such as insufficient investigation, inaccurate evidence, and a lack of legal counsel.
Judicial procedure
In India, the legal processes surrounding unjust prosecution can be difficult and drawn out. When someone is accused of committing a crime, the police normally launch an investigation and file a chargesheet. The chargesheet outlines the specifics of the case, including the accusations made and the proof obtained against the defendant.
Despite the fact that there is no fundamental or statutory right to compensation for victims of wrongful prosecution, many judicial decisions awarding compensation to the victims have been based on a broad interpretation of Article 21 and the fundamental principles of equity, justice, and good conscience. Articles 32 and 226 have also been crucial in helping victims whose fundamental human rights were violated by government agents receive justice. In Rudul Shah v. State of Bihar, the Supreme Court granted the petitioner who had been wrongfully imprisoned for 14 years compensation in the amount of Rs. 30,000 for the first time. A compensation of Rs 50,000 was granted to an MLA who was unlawfully held and barred from attending a session of the Legislative Assembly in the case of Bhim Singh, MLA v. State of J & K & Ors. In Ram Lakhan Singh v. State of Uttar Pradesh, the victim who was erroneously given a 10-year sentence and imprisoned for 11 days was awarded Rs. 10 lakhs in compensation by the court.
In S. Nambi Narayan v. State of Kerela, the Supreme Court compensated a former ISRO scientist who had been falsely accused of espionage following a protracted legal struggle lasting 24 years. However, the amount of compensation awarded has always been at the court’s discretion, and in many instances, courts have attempted to restrict the benefits of compensation.
In Sube Singh v. the State of Haryana, the Supreme Court refused to award the petitioner any compensation because there was insufficient concrete evidence to support his claims of unlawful imprisonment, torture in custody, and harassment. Noting that not all violations of Article 21 require payment of compensation.
In Adambhai Sulemenbhai Ajmeri & Ors v. State of Gujarat (the Akshardham Temple case), even though the Apex Court criticised the investigating authorities for accusing an innocent man of a terror attack that resulted in his imprisonment for almost 10 years, the SC refused to hear his compensation claim on the grounds that the victims’ right to compensation would not automatically follow if they were found not guilty, and that doing so would establish a “dangerous precedent”
In Babloo Chauhan @ Dabloo v. Government of NCT of Delhi, the Delhi High Court asked the Law Commission of India to provide a legal framework for injustice brought about by erroneous prosecution.
The Law Commission of India deliberated the need for legislation that establishes a statutory obligation on the state to compensate the victim for wrongful prosecution, incarceration, and convictions in its 277th report, “Wrongful Prosecution (Miscarriage of Justice): Legal Remedies”, published in 2018.
The suggestions have not yet materialised into an Act, nevertheless. Ashwini Upadhyay, a BJP leader and attorney, filed a PIL in March 2021 requesting that the Supreme Court use its constitutional authority to set rules for compensating victims of wrongful prosecution and order the federal and state governments to follow the law commission’s advice. An individual may use the legal system to seek justice if they were unfairly convicted. This may entail submitting an appeal to a higher court, a petition for revision, or a request for a pardon or sentence reduction. The Supreme Court of India has acknowledged the right to redress for persons who have been unfairly convicted, which can take the form of monetary compensation, rehabilitation, and other forms of redress. Even with legal recourse, India still struggles with the issue of unfair prosecution. The prosecution has the burden of proof in criminal trials, which might result in a lacklustre investigation or a reliance on circumstantial evidence. Additionally, in cases involving marginalised communities, inadequate legal representation for the accused can result in wrongful convictions.
In conclusion, wrongful prosecution legal proceedings in India can be difficult and complex. To ensure that justice is delivered to all, it is crucial to address the structural problems that lead to erroneous convictions, such as poor inquiry and suspect evidence. India may get closer to a more just and equitable criminal justice system by bolstering legislative protections and making sure that the law is applied and enforced effectively.
Exploring the Causes and Consequences of Wrongful Prosecution in India:
In India, wrongful prosecution—where an innocent person is charged with and found guilty of a crime they did not commit—is a major issue. The root causes of unjust prosecution in India are multifaceted and intricate, involving structural problems with the legal system as well as more general socioeconomic problems. The over reliance on circumstantial evidence or inaccurate eyewitness testimony is one of the main reasons for unjust prosecution in India. This evidence frequently falls short of establishing guilt beyond a reasonable doubt, resulting in erroneous convictions. Additionally, a lack of forensic and scientific investigation may exacerbate this issue. The institutional prejudice towards marginalised communities and those who lack access to quality legal representation is a significant additional element. The Indian criminal justice system has come under fire for being biassed towards some groups, including Muslims and Dalits, who may experience prejudice and discrimination throughout the judicial process. Insufficient legal representation can also make it impossible for the accused to build a strong defence, which can result in erroneous convictions. The absence of efficient oversight and accountability systems within the criminal justice system is another problem. Lack of control and responsibility for the conduct of the police, prosecutors, and judges may allow for abuses of authority and unjustified prosecutions. Wrongfully prosecuted individuals, their families, and society as a whole may suffer horrendous repercussions in India. Unjustified imprisonment of innocent people can last for years or even decades, inflicting severe psychological and emotional harm. Incorrect convictions can also undermine public confidence in the criminal justice system, threaten the rule of law, and cause wider social and political turmoil.
Several actions need to be taken in order to address the causes and effects of wrongful prosecution in India. These include enhancing the legal defences of the accused, making sure they have strong legal representation, advancing forensic and scientific methods of investigation, and improving the systems of accountability and control in the criminal justice system. A fair and reasonable criminal justice system for all also depends on tackling larger societal issues including prejudice and discrimination against marginalised communities.
In conclusion, research on the causes and effects of unjust prosecution in India shows how intricate and multifaceted the problem is. In order to address these issues holistically and ensure that everyone receives justice, institutional, social, and legal reforms must be implemented.
Conclusion
In conclusion, unfair prosecution is a significant issue in India with far-reaching effects on people, families, and society at large. The legal system governing wrongful prosecution is complicated and difficult, and systemic problems such an over reliance on circumstantial evidence, prejudice towards marginalised groups, and a lack of systems for oversight and responsibility all contribute to the issue. To address these issues, a thorough strategy including institutional, social, and legal reforms is necessary. These might include enhancing the legal defences of the accused, advancing forensic and scientific investigation methods, making sure the accused has access to adequate legal counsel, and improving the accountability and oversight systems in the criminal justice system. A fair and reasonable criminal justice system must also take into account broader societal issues including bias and discrimination against marginalised communities.
In the end, it is important to make sure that everyone receives justice, regardless of their social standing, economic situation, or other circumstances. We can get closer to a more just and equitable criminal justice system that upholds the rule of law and respects the rights of all citizens by taking decisive action to address the causes and effects of wrongful prosecution in India.
Reference
https://prsindia.org/policy/report-summaries/wrongful-prosecution-miscarriage-justice-legal-remedies
https://www.drishtiias.com/daily-updates/daily-news-analysis/wrongful-prosecution-in-india
https://legalserviceindia.com/legal/article-2285-wrongful-prosecution.html
https://lawtimesjournal.in/wrongful-convictions-how-can-state-undo-harm/