Righting A Grave Wrong: Evaluating India’s Response To Wrongful Capital Convictions Post-Acquittal
- IJLLR Journal
- Oct 5
- 1 min read
Sai Prarthana M, B.Com., LL.B., (Hons.), School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, Chennai.
ABSTRACT
This research paper critically examines the post-acquittal redressal mechanisms available to wrongfully prosecuted, incarcerated, and convicted death-row convicts in India. Despite the existence of constitutional protections and evolving judicial pronouncements, the Indian legal system lacks a comprehensive statutory framework to provide compensation and rehabilitation to individuals exonerated after enduring capital punishment trials. Through a doctrinal methodology, this study explores landmark judgments, legislative history, and international legal standards such as the ICCPR, to contextualize the systemic failures leading to wrongful convictions and the inadequate remedies available thereafter. The paper analyses empirical data from reports like Project 39A to highlight the frequency and gravity of such miscarriages of justice, particularly at the trial court level. It also reviews exemplary cases where the Supreme Court reversed its own judgments due to faulty procedures and lack of evidence. Additionally, the paper reviews the Law Commission of India’s 277th Report and other academic works to underscore the legislative void concerning compensation and reintegration of acquitted individuals. In conclusion, the paper advocates for an urgent and dedicated statutory mechanism to deliver timely, adequate, and uniform compensation and rehabilitation to victims of wrongful capital prosecutions.
Keywords: Capital Punishment, Wrongful Prosecution, Compensation, Rehabilitation, Law Commission’ 277th Report, ICCPR.
