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Report No. 277

Wrongful Prosecution (Miscarriage of Justice): Legal Remedies

Table of Contents

Chapter

Title

Page

I.

Introduction and Reference

1

A. Reference from the Delhi High Court

1

B. Issues under Consideration

2

C. Previous Reports of the Law Commission

5

(i) The 1st Report on 'Liability of State in Tort' (1956)

5

(ii) The 78th Report on 'Congestion of Undertrial Prisoners in Jails' (1979)

6

(iii)The 113th Report on 'Injuries in Police Custody' (1985)

6

(iv) The 152nd Report on 'Custodial Crimes' (1994)

7

(v) The 154th Report on 'Criminal Procedure Code, 1973' (1996)

7

(vi) The 185th Report on the 'Review of the Indian Evidence Act, 1872' (2003)

8

(vii) The 273rd Report on 'Implementation of 'United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment' through Legislation' (2017)

8

D. The Present Report

9

II.

Data and Analysis

10

III.

International Perspective

15

A. International Covenant on Civil and Political Rights (ICCPR)

15

B. United Kingdom

17

(i) Criminal Justice Act 1988

17

(ii) Criminal Cases Review Commission (CCRC)

19

(iii) UK Police Act, 1996

19

C. Germany

21

(i) Grundgesetz- The Constitution

21

(ii) Law on Compensation for Criminal Prosecution Proceedings 1971

22

(iii) Law on Compensation for Law Enforcement Measures

22

(iv) The German Criminal Code

23

(v) The German Civil Code

24

D. United States of America

26

(i) Federal Law

26

(ii) State Laws

26

E. Canada

28

F. New Zealand

30

G. Australia

32

IV.

Current Scenario - Overview and Inadequacies

35

A. Public Law Remedy

35

B. Private Law Remedy

44

C. Criminal Law Remedy

48

(i) Indian Penal Code, 1860

48

(a) Offences by and relating to Public Servants

48

(b) False Evidence and Offences Against Public Justice

54

(c) Case law

60

(ii) Criminal Procedure Code, 1973

63

(iii)The Police Act, 1861

69

D. Human Rights Commissions

69

V.

Standard of Miscarriage of Justice

72

A. Standard to be applied to 'Miscarriage of Justice'

72

B. What amounts to Wrongful Prosecution?

78

VI.

Conclusion and Recommendation

80

A. Conclusion

80

B. Recommendations

84

Annexure - The Code of Criminal Procedure (Amendment) Bill, 2018

92

List of Cases

101



Wrongful Prosecution (Miscarriage of Justice) - Legal Remedies Back




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