Travesty of Justice Consequences of Wrongful Prosecution and Incarceration
Manipal University Jaipur, India.
Volume III, Issue V, 2020
“The purpose of this article is to gain a better understanding of the impact of incarceration on victims who are unlawfully incarcerated or prosecuted; relevant legal provisions i.e. reviewed the laws existing in the western countries and India. The proposed exercise has also attempted to know as to what are the consequences of wrongful prosecution. Are there any laws regarding this issue? A systematic probe into some of these questions has been made in the study. The issue has been examined in the light of significant cases and judgements. Finally, the study also took a critical view of the existing provisions and at those which have been recommended by certain authorities. Besides, the study also endeavoured to recommend some effective solutions and ways to curb or eliminate this problem. The article has critically analysed the various instances of this problem in our country and has also reviewed the data of National Crime Records Bureau and the literature documenting the 277th Law Commission Report to gain information about the relationship between wrongful prosecution and increase in the number of under-trial prisoners year after year”.
Keywords: Wrongful Prosecution, Wrongful Incarceration, Miscarriage of Justice, overcrowding, specific statutes, and under trial prisoners.