Law Commission for legal framework to compensate victims of wrongful confinement
The panel also recommended special courts so that claims made by those accusing the state of wrongful prosecution can be addressed as swiftly as possible.
Published: 30th August 2018 10:40 PM | Last Updated: 30th August 2018 10:40 PM | A+A A-
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NEW DELHI: The Law Commission today recommended setting up a legal framework to compensate victims of wrongful prosecution, saying injustice caused to innocents needs to be redressed within the framework of rights and not through ex-gratia by the State.
Ex-gratia depends on the State's discretion.
The commission called for an established legislative process, "according a transparent, uniform, efficacious, affordable and timely remedy for the loss and harms inflicted on victims on the account of wrongful prosecution".
It also recommended special courts so that claims made by those accusing the state of wrongful prosecution can be addressed as swiftly as possible.
The commission in its report called for a special court in every district.
It said the ambit of wrongful prosecution would include malicious prosecutions and prosecutions instituted without good faith.
The commission said it does not seem feasible in law to fix the amount of compensation to be paid to victims and said it should include pecuniary as well as non-pecuniary assistance.
