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Examine The Possibility Of Law For Relief To Those Wrongly Prosecuted And Jailed

Examine The Possibility Of Law For Relief To Those Wrongly Prosecuted And Jailed

Babloo Chauhan @ Dabloo vs State Govt of NCT of Delhi

Delhi HC


CRL.A. 157/2013

About/from the judgment:

There is an urgent need, therefore, for a legal (preferably legislative) framework for providing relief and rehabilitation to victims of wrongful prosecution and incarceration. Whether this should be an omnibus legislation or scheme that caters to both the needs of the victim of the crime, as well those wrongfully incarcerated, including the family and dependents of the prisoner, or these have to be dealt with in separate legislation or schemes is a matter for discussion, deliberation and consultation with a cross-section of interest groups.


Specific to the question of compensating those wrongfully incarcerated, the questions as regards the situations and conditions upon which such relief would be available, in what form and at what stage are also matters requiring deliberation. This is a task best left in the first instance to the body tasked with advising the government on the legislative measures needed to fill the obvious gap.


In any event, it is not an answer to the hardship undergone by an innocent person who is declared as such after spending more than a decade in jail.


Fails to acknowledge the multiple ways in which not only the prisoner, who may ultimately be declared to be innocent, but the family of the prisoner faces deprivation and hardship.


The Court, accordingly, requests the Law Commission of India to undertake a comprehensive examination of the issue highlighted in paras 11 to 16 of this order and make its recommendation thereon to the Government of India.

Read the Judgment


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