Inadequate And Unjust Compensation Scheme In False Prosecution Case In India

Abstract

India promptly responded by public inquiries into False Prosecution cases to remedy injustice and by a series of legal reforms to implement policy recommendations for better preventing future miscarriages of justice. After examining several high-profile False Prosecution and exploring the remedies for convicting the innocent, this paper concludes that further reforms are needed to protect the due process rights of the accused from being violated. At the very least, the relevant substantive justice reforms should include but not limit to the implementation of reform proposals on the resumption of the power to review death sentences, the exclusion of illegally obtained evidence and the presentation of expert evidence as well². A finding that an individual was falsely prosecution is not synonymous with innocence. There are a number of grounds on which an individual's prosecution can be reversed other than actual innocence-in fact, appeals themselves rarely are grounded on claims of actual innocence³.