SC Raises Key Question: Why No Compensation for Life Spent in Jail if Proven Innocent?

New Delhi (The Uttam Hindu): In an important decision, the Supreme Court said that if someone is wrongly kept in jail for a long time, then a law needs to be made to compensate him. The court said that it is within the jurisdiction of the Parliament to decide on this aspect. The Supreme Court made this comment in its decision on July 15 while acquitting a death row convict who was wrongly imprisoned for a long time.

A bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta said that unlike the US, India lacks laws to provide compensation to wrongfully imprisoned people. The judgment, written by Justice Karol, said that in foreign jurisdictions such as the United States, upon acquittal after long periods of imprisonment, courts have directed states to compensate those who suffered behind bars but were ultimately found innocent. This right to compensation is recognised by both federal and state laws. There are two ways to claim compensation. Tort claims/civil rights suits/moral liability claims and, statutory claims.

The bench said that the issue was considered in the 277th report of the Law Commission of India, but its understanding of 'wrongful prosecution' was limited only to malicious prosecution, and prosecutions commenced without good faith, without directly dealing with the situation of wrongful imprisonment. The court said that prolonged detention of a wrongly convicted person violates his right to life and personal liberty under Article 21 of the Constitution, thereby entitling him to compensation, though the basis for such compensation may vary in different courts.

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