Abstract

Constitutional protections for life and individual liberties are included in Article 21. When a fundamental right is violated as a result of police and perhaps even prosecutorial negligence, the State is considered accountable. The Constitution, which protects fundamental rights, says nothing concerning the state having to compensate those who have their rights violated. Although additional alternatives exist under the current framework, the compensation method for malicious prosecution causing miscarriages of justice is still difficult and complicated but also unclear. Despite having ratified ICCPR, India has not yet managed to pass any legislation in its own country that would allow victims of unfair or malicious prosecution but also detention with the opportunity for rehabilitation and compensation. The existing legal structure only provides the victims with a limited number of potential avenues for seeking redress, thus they are left with no other choice. In the particular instance of Babloo Chauhan @ Dabloo v. State Government of NCT of Delhi, the Delhi High Court articulated deep disappointment regarding the wrongful prosecution as well as detainment of innocent persons, emphasising the necessity for a relevant legislation for delivering remedy to these kinds of individuals. Consequence of directions in the aforesaid case, Law Commission of India in its 277th Report highlighted the issue of malicious prosecutions and conviction. The article shall analyse the present scenario of malicious prosecutions as well as convictions from the application of judicial mind in various cases as well as the 277th Report of the Law Commission of India.

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