Wrongful Imprisonment And State Liability: A Study Of Compensation Mechanisms Across Jurisdictions
- IJLLR Journal
- 10 hours ago
- 1 min read
Ayush, Law College Dehradun, Uttaranchal University
Dr. Satyam Sharma, Law College Dehradun, Uttaranchal University
ABSTRACT
Wrongful imprisonment represents a grave violation of fundamental human rights, undermining the principles of justice, liberty, and due process. Across jurisdictions, the recognition of state liability for such miscarriages of justice has evolved through constitutional mandates, statutory frameworks, and judicial innovation. This study examines compensation mechanisms available to victims of wrongful imprisonment in select jurisdictions, including India, the United States, and the United Kingdom. It critically evaluates the adequacy, accessibility, and consistency of these remedies, highlighting disparities in legal standards and procedural barriers. While some jurisdictions have codified compensation schemes, others rely heavily on judicial discretion or constitutional tort doctrines. The paper argues that the absence of uniform standards often results in arbitrary outcomes and insufficient redress. By analyzing comparative legal approaches, this study underscores the need for a coherent, rights-based compensation framework to ensure accountability of the state and effective rehabilitation of victims.
Keywords: Wrongful Imprisonment, state liability, Article 21.
