Law Commission for Legal Framework to Compensate Victims of Wrongful Confinement
The Law Commission today recommended setting up a legal framework to compensate victims of wrongful prosecution, saying injustice caused to innocents needs to be redressed within the framework of rights and not through ex-gratia by the State.
New Delhi, Aug 30 (PTI) The Law Commission today recommended setting up a legal framework to compensate victims of wrongful prosecution, saying injustice caused to innocents needs to be redressed within the framework of rights and not through ex-gratia by the State.
Ex-gratia depends on the State's discretion.
The commission called for an established legislative process, "according a transparent, uniform, efficacious, affordable and timely remedy for the loss and harms inflicted on victims on the account of wrongful prosecution".
It also recommended special courts so that claims made by those accusing the state of wrongful prosecution can be addressed as swiftly as possible.
The commission in its report called for a special court in every district.
It said the ambit of wrongful prosecution would include malicious prosecutions and prosecutions instituted without good faith.
The commission said it does not seem feasible in law to fix amount of compensation to be paid to victims and said it should include pecuniary as well as non-pecuniary assistance.
(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)