Supreme Court mulls compensation for wrongful conviction

The Supreme Court has decided on Monday to examine whether individuals wrongfully arrested, prosecuted, or convicted are entitled to compensation, noting that many are made “scapegoats” by the system and spend years in jail even if later acquitted, reported The Times of India.

A bench of Justices Vikram Nath and Sandeep Mehta on Monday sought the assistance of the attorney general and solicitor general to help decide the issue, which could have far-reaching implications given India’s conviction rate of around 54%.

Appearing for one such victim, senior advocate Gopal Subramanium argued that people imprisoned for years on false charges must be compensated upon acquittal, as their incarceration violates fundamental rights. He urged the court to frame guidelines on the matter, citing a Law Commission recommendation for a statutory framework for such compensation.


The court was hearing the plea of a man who spent 12 years in jail, including six years on death row, after being wrongly convicted for the rape and murder of a minor. The Supreme Court later acquitted him, ruling that the evidence had been fabricated by the police. Represented by advocates Mihir Samson and Yash S Vijay, and assisted by the Square Circle Clinic of NALSAR, Hyderabad, he has sought compensation for the years of wrongful imprisonment.

“The petitioner has suffered a grave and severe violation of his fundamental rights under Article 21 of the Constitution,” the plea stated, arguing that the state must take responsibility for the misconduct of its officials and pay damages for the harm caused.

Two other similar petitions have been filed, and the court has clubbed all three for a comprehensive hearing. The Law Commission, in 2018, had recommended enacting a specific legal framework to address miscarriages of justice and compensate victims of wrongful conviction.

With inputs from ToI