Delhi HC asks Law Commission to examine issue of compensation for wrongful imprisonment

The Delhi High Court, by an order passed on November 30, requested the Law Commission of India to examine the need for a legal framework for compensation to victims of wrongful imprisonment..The Court had appointed Prof GS Bajpai, Professor of Criminology & Criminal Justice and Registrar at the National Law University, Delhi as amicus curiae. It had sought his inputs on three issues: fines and default sentences, suspension of sentence and remedies for wrongful incarceration..Prof Bajpai submitted a detailed report on the issues and referred to the practices in different countries. He pointed out that there are 32 states in the USA that have enacted laws that provide monetary and non-monetary compensation to people who were wrongfully incarcerated..The Court stated that, in India, there is no statutory or legal scheme for compensating those who were wrongfully incarcerated and that instances of those being acquitted by higher courts, after serving several years of imprisonment, are also not uncommon..The Division Bench of Justices S Muralidhar and IS Mehta observed that,.“They (victims) are left to their devices without any hope of reintegration into society or rehabilitation since the best years of their life have been spent behind bars, invisible behind the high prison walls. The possibility of invoking civil remedies can by no stretch of imagination be considered efficacious, affordable or timely.”.The Court held that Section 358 of the CrPC offers some relief to persons who are arrested without any grounds. However, the Court said that the provision fails to acknowledge how the family of the prisoner (who is ultimately adjudged as innocent) faces deprivation and hardship..With regard to the legal framework required to deal with the pressing issue, the Bench observed that,.“Whether this should be an omnibus legislation or scheme that caters to both the needs of the victim of the crime, as well those wrongfully incarcerated, including the family and dependants of the prisoner, or these have to be dealt with in separate legislations or schemes is a matter for discussion, deliberation and consultation with a cross-section of interest groups.”.Finally, the Court held that the Law Commission is best suited to examine the issue, as it is tasked with advising the government on legislative measures needed to fill gaps in the law..The Court also lauded Prof Bajpai for his assistance in the matter..Read Order: