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Report No. 277

Wrongful Prosecution (Miscarriage of Justice): Legal Remedies

Contents
Table of Contents
Chapter 1 Introduction
A. Reference from the Delhi High Court
B. Issue Under Consideration
C. Previous Reports of the Law Commission
D. The Present Report
Chapter 2 Data and Analysis
Chapter 3 International Perspective
A. The International Covenant on Civil and Political Rights
B. United Kingdom
(i) Criminal Justice Act 1988
(ii) Criminal Cases Review Commission (CCRC)
(iii) UK Police Act, 1996
C. Germany
(i) Grundgesetz - The Constitution
(ii) Law on Compensation for Criminal Prosecution Proceedings 1971
(iii) Law on Compensation for Law Enforcement Measures
(iv) The German Criminal Code
(v) The German Civil Code
D. United States of America
E. Canada
F. New Zealand
G. Australia
Chapter 4 Current Scenario - Overview and Inadequacies
A. Public Law Remedy (1)
Public Law Remedy (2)
B. Private Law Remedy
C. Criminal Law Remedy
Indian Penal Code, 1860 (1)
Indian Penal Code, 1860 (2)
Code of Criminal Procedure, 1973
The Police Act, 1861
D. Human Rights Commissions
Chapter 5 Standard of 'Miscarriage of Justice'
A. Standard to be applied to 'Miscarriage of Justice'
B. What amounts to Wrongful Prosecution?
Chapter 6 Conclusion and Recommendations
A. Conclusion
B. Recommendations
Annexure The Code of Criminal Procedure (Amendment) Bill, 2018
1. Short title and commencement
2. Amendment of Section 2
3. Insertion of new Chapter XXVIIA
'Chapter XXVIIA Compensation to persons wrongfully prosecuted Section 365A Application for compensation
Section 365B Option regarding claims for compensation in certain cases
Section 365C Award of the Special Court
Section 356D Award of interest where any claim is allowed
Section 365E Factors to be taken into account by the Special Court
Section 365F Removal of disqualification attaching to conviction
Section 365G Procedure and powers of Special Court
Section 365H Appeals
Section 365I Power of State Government to make rules
List of Cases (1)
List of Cases (2)
Wrongful Prosecution (Miscarriage of Justice): Legal Remedies


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