The Supreme Court has decided to examine the question of whether individuals wrongfully arrested, prosecuted, or convicted should be compensated by the State, observing that many accused are turned into “scapegoats” and made to languish in jail for years despite their eventual acquittal.
A Bench of Justices Vikram Nath and Sandeep Mehta, on Monday, sought assistance from the Attorney General and Solicitor General in adjudicating the issue, noting that the matter has far-reaching implications given India’s conviction rate of barely 54%.
Case of Man Jailed for 12 Years on Fabricated Evidence
The court was hearing the plea of a poor man who spent 12 years in jail — six of them under the shadow of the death penalty — after being convicted for the rape and murder of a minor. His conviction was overturned by the Supreme Court earlier this year, which found that the evidence against him had been fabricated by the police.
Assisted by the Square Circle Clinic of NALSAR University, Hyderabad, the petitioner approached the apex court through advocates Mihir Samson and Yash S. Vijay, seeking compensation for the violation of his fundamental rights. He had been arrested in 2013, sentenced to death by a Thane trial court in 2019, and acquitted by the Supreme Court in 2025.
“Violation of Article 21,” Says Petition
In his plea, the petitioner contended that his wrongful incarceration amounted to a “grave and severe violation” of his rights under Article 21 of the Constitution.
“The petitioner has suffered a grave and severe violation of his fundamental rights guaranteed under Article 21… being falsely accused of heinous offences, illegally arrested, subjected to a tainted investigation, unfair prosecution, and wrongful incarceration for 12 years, for which he ought to be appropriately compensated by the State as it has completely destroyed his life, his reputation and his family,” the petition stated.
The plea argued that the State bears strict liability for the misconduct of its officials and cannot escape accountability merely by releasing the individual. It urged the Court to direct the government to pay monetary compensation for both pecuniary and non-pecuniary losses suffered during the wrongful imprisonment.
Call for Statutory Framework
Senior advocate Gopal Subramanium, appearing for the petitioner, urged the Court to frame clear guidelines to ensure that victims of wrongful prosecution and incarceration are compensated. He referred to the 2018 report of the Law Commission, which had recommended a statutory framework for compensating victims of miscarriage of justice.
“The mere release of a person who has spent years behind bars for no fault of his is not justice,” Subramanium argued, adding that prolonged incarceration on fabricated charges amounts to a violation of the right to life and personal liberty.
All Similar Petitions Clubbed Together
The Bench noted that two other similar petitions seeking compensation for wrongful prosecution are pending before it. All three have now been clubbed together for a comprehensive adjudication.
The outcome of this case could mark a major step toward establishing a legal framework for compensating individuals wrongfully deprived of their liberty — an issue that has long been recognized but never formally addressed in Indian law.
