Report No. 277

Chapter- 5

Standard of 'Miscarriage of Justice'

5.1 One of the most critical aspects of laying down a legal framework for addressing miscarriage of justice, with respect to the issue under consideration, is identifying what amounts to miscarriage of justice. Whether the standard of miscarriage of justice should be wrongful prosecution, incarceration, conviction, or all three; also, what would constitute 'wrongful'.