Instances of malicious prosecution conviction and wrongful incarceration of innocent persons are quite common. In all such cases, individuals who are wrongfully prosecuted, implicated and incarcerated for several precious years of their lives, even on an honorable acquittal, have not much to gain. Besides being forced to live under social stigma, absence of statutory provisions or state mechanisms providing for rehabilitative, restorative and compensatory measures to such victims and their family members  aggravates their agony.

Courts in India have often expressed their concerns on the pitiable conditions of the under trial prisoners in appropriate cases, to an extent, compensated for the wrong done to such victims of malicious and wrongful prosecution, detention and conviction. However, there is no uniform mechanism which ensures remedy in all such instances of "miscarriage of justice". 

Article 14(6)6 of the International Covenant on Civil and Political Rights ("ICCPR") confers right on victims of wrongful conviction, which is subsequently reversed or pardoned on discovery of facts establishing conclusively that there has been miscarriage of justice, to be compensated according to law. Further, Article 9(5) of ICCPR provides, "Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation". Several countries throughout the world have converted their commitment under Article 14(6) ICCPR into law by either verbatim adoption of the said Article under their domestic legislation, or by conferring discretion on administrative or judicial bodies to determine whether or not to award compensation, or by utilizing general power of the domestic government to make ex-gratia payment.

India, despite ratifying ICCPR, has till date failed to provide any domestic legislation for rehabilitation and compensation of victims of wrongful/ malicious prosecution and incarceration. The victims are left to rely on limited remedies available to them under the exiting legal framework. Therefore, relief may be sought by filing a suit for damages for the tort of malicious prosecution or by invoking provisions under the criminal law. Indian Courts, recognizing the sanctity of individual's right to life and personal liberty, have also exercised their Writ and Inherent Jurisdiction by granting compensation to such victims in appropriate cases. However, experiences have shown that such remedies have remained episodic and often proved grossly inadequate to cater to the requirements of all situations.

I plead for penalising in case of malicious prosecution. Are you with me? 

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