Miscarriage of Justice: A Judicial Analysis
Volume IV, Issue I, 2021
The Miscarriage of Justice refers to the wrongful prosecution and conviction of innocent people. It is a result of faulty and erroneous appreciation of evidence. The ambit of wrongful prosecution, herein, would include
(i) Malicious prosecutions; and
(ii) Prosecutions instituted without good faith.
The claim for compensation can be brought by the accused person so injured; or by any agent duly authorized by the said accused person; or where the accused person died after the termination of the wrongful prosecution, by all or any of the heirs or legal representatives of the deceased.t