SC To Frame Guidelines On Compensation For Wrongful Arrests And Convictions

AdvoTalks: Talk to Lawyers

  • SC To Frame Guidelines On Compensation For Wrongful Arrests And Convictions
  • admin
  • 03 Nov, 2025

The Supreme Court of India has taken a crucial step toward addressing a long-ignored injustice — the plight of people wrongfully arrested, prosecuted, or convicted, who spend years behind bars only to be found innocent later.
 
A Bench of Justices Vikram Nath and Sandeep Mehta announced that it will examine whether such individuals should receive compensation from the State, noting that countless people in India are made “scapegoats,” forced to languish in jail for years despite eventual acquittal. The Court has sought the assistance of the Attorney General and Solicitor General, recognizing that this issue has far-reaching consequences, especially in a country where the conviction rate stands at only around 54%.
 
 
---
 
The Heartbreaking Case Behind the Move
 
The case stems from the ordeal of a poor man who spent 12 years in prison, six of them under a death sentence, for a rape and murder he never committed. His conviction — based on fabricated police evidence — was finally overturned by the Supreme Court earlier this year.
 
Represented by the Square Circle Clinic of NALSAR University, Hyderabad, through advocates Mihir Samson and Yash S. Vijay, the man has now approached the top court seeking compensation for the years of his life unjustly taken away.
 
In his petition, he described how his wrongful incarceration violated his fundamental right to life and personal liberty under Article 21 of the Constitution.
 
> “My entire life, reputation, and family were destroyed because of a false case and unfair prosecution. I deserve justice — not just release,” the plea stated.
 
 
 
 
---
 
A Cry for Accountability
 
The petition argues that the State cannot wash its hands of responsibility by simply setting the person free after years of wrongful imprisonment. It must take accountability for the misconduct of its officers and the failure of the justice system itself.
 
Senior Advocate Gopal Subramanium, appearing for the petitioner, urged the Court to establish clear guidelines for compensating victims of wrongful incarceration, stressing that mere release is not enough:
 
> “When a person loses years of his life behind bars for no fault of his, freedom alone cannot be called justice,” he said.
 
 
 
He also drew attention to the 2018 Law Commission Report, which had recommended a statutory framework for compensating victims of wrongful prosecution — a recommendation that has remained unimplemented.
 
 
---
 
A Step Toward True Justice
 
The Bench has now clubbed together three similar petitions pending before it, all demanding compensation for wrongful prosecution. The Court’s upcoming decision could pave the way for a historic legal framework — one that finally acknowledges the deep human cost of a broken system.
 
If successful, this case could bring long-overdue relief to countless individuals who have endured years of lost freedom, stigma, and trauma, and signal a shift toward a more humane and accountable justice system in India.
 
 
---
 
In essence, the Supreme Court’s move is not just about money — it’s about restoring dignity to those who were wronged by the very system meant to protect them.

Connect With The Lawyer !

Leave this empty:

OUR CORPORATE CLIENTS

Click To Call Button