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Report No. 277

Chapter- 4

Current Scenario - Overview and Inadequacies

4.1 A review of the existing laws and the case law brings forward three categories of court-based remedies with respect to miscarriage of justice resulting in wrongful prosecution, incarceration or conviction etc.:

(i) Public Law Remedy;

(ii) Private Law Remedy; and

(iii) Criminal Law Remedy. This Chapter also takes note of the relevant provisions of the Police Act, 1861, and of the role of the Human Rights Commissions in this context.

4.2 The first two of the aforementioned remedies are victimcentric providing for pecuniary relief from the State to persons who have suffered on account of wrongful prosecution, conviction and/or incarceration. The third remedy, available under criminal law, is on the lines of holding the wrongdoer accountable, i.e. proceeding with criminal action against the concerned officers of the state for their misconduct.



Wrongful Prosecution (Miscarriage of Justice) - Legal Remedies Back




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