Supreme Court’s Stance on Compensation for Wrongful Incarceration
The Supreme Court of India has emphasized the need for a law to compensate accused individuals who are acquitted after undergoing long periods of incarceration. This issue was highlighted in a recent case where a death row convict was acquitted due to faulty investigation and judicial delays.
Key Points:
- Right to Compensation: The court observed that detaining a person wrongfully for an extended period violates their right to life and personal liberty under Article 21 of the Constitution, entitling them to compensation.
- Existing Framework: Although the Indian Constitution doesn’t explicitly mention compensation for wrongful prosecution, the Supreme Court has evolved a compensatory jurisprudence through landmark judgments, recognizing compensation as a public law remedy for violating constitutional rights.
- International Perspective: Article 14(6) of the International Covenant on Civil and Political Rights (ICCPR) obligates states to compensate individuals who have suffered punishment due to wrongful convictions, provided the conviction is reversed or pardoned based on new evidence showing a miscarriage of justice.
- Law Commission Report: The 277th report of the Law Commission of India dealt with wrongful prosecution but limited its understanding to malicious prosecution, not directly addressing wrongful incarceration.
Recent Judgments and Observations:
- The Supreme Court has granted bail to accused individuals in cases where prolonged incarceration violates their right to a speedy trial under Article 21.
- A bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta observed that the lack of a law for compensation in such cases is a significant gap in the current legal framework.
Compensation Mechanisms:
- Statutory Claims: Some countries, like the United States, have federal and state statutes that provide compensation for wrongful incarceration.
- Private Law Remedy: Tort claims or civil rights suits can also be pursued, but this may not be feasible for many victims due to the lengthy and costly process.
- Constitutional Jurisdictions: In India, victims can approach constitutional courts for compensation, but the process can be delayed, and the remedy may be illusory for those who have already suffered prolonged incarceration.
Case Title: Kattavellai @ Devakar versus State of Tamil Nadu