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Beyond Acquittal: Reclaiming Dignity, Reputation, And Justice After Wrongful Prosecution




Shakshi Dubey & Raghav Maheshwari, IMS Law College, Noida, India


ABSTRACT


This research examines whether an acquittal following wrongful prosecution, by itself, is sufficient to restore the constitutional rights, dignity, reputation, and social standing of an individual who has undergone a wrongful prosecution. It contends that while an acquittal brings criminal liability to an end, it seldom erases the enduring consequences of prosecution, including reputational injury, social stigma, professional setback, and psychological trauma. The study argues that the conclusion of wrongful prosecution does not signify the complete restoration of justice.


This dissertation analyses how the constitutional framework presently lacks comprehensive mechanisms for the rehabilitation of the post-acquittal framework. It analyzes Articles 14, 19, and 21, along with judicial precedents and the Law Commission Report No. 277 (on wrongful prosecution)1 and International Human Rights instruments.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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