Abstract

When someone is found guilty of a crime, the court considers three key factors when deciding the punishment: retribution, deterrence, and rehabilitation. However, wrongful convictions are not a new concept they have been increasingly recently in various jurisdictions. The concept of wrongful convictions can also be referred to as “miscarriages of justice” and these are caused not only by inefficiencies on the part of the government but also by the lack of responsibility on part of the public. Article 21 of the Constitution in India guarantees that people cannot be deprived of their lives or liberty without due process of law . However, when a miscarriage of justice occurs, the Constitution's purpose is defeated, and question is raised on the credibility of the procedure and the justice system. These wrongful convictions not just cause immense harm to the person convicted, but they also cause deep emotional pain to their family and friends. The criminal justice system and the procedures involved can be an intimidating and frightening experience for the parties involved and in cases when the accused is innocent that may end up affecting his loved, mainly if they are of the belief that the person is innocent. It becomes important to recognize that wrongful convictions have long-lasting adverse effects, and we must strive to prevent them from occurring by ensuring that justice is served fairly and equitably. At the end it becomes essential to restore the public's confidence in the legal system by making sure that the justice is served, and the innocent is protected of all the rights that have been guaranteed to him under the constitution.

Keywords