LC-0002Lacunae · Criminal · Wanted
Open question
What does India owe a person it jailed for years and then acquitted?
No Compensation for Wrongful Prosecution
Scope
An acquitted person who spent years in custody has no statutory claim; relief depends on a writ court’s discretion.
Authorities to start from
- Law Commission of India, Report No. 277, Wrongful Prosecution (Miscarriage of Justice): Legal Remedies (2018)
- Rudul Sah v. State of Bihar, (1983) 4 SCC 141
- Babloo Chauhan v. State (NCT of Delhi), 2017 SCC OnLine Del 12045
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