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Plea in SC against wrongful prosecution

Topics Covered: Linkages between development and spread of extremism.

Plea in SC against wrongful prosecution:


A petition has been filed in the Supreme Court highlighting need for the government to frame guidelines for compensating victims of wrongful prosecution by the police or authorities.

Need for:

India, with a population of around 1.5 billion, has no effective statutory/legal mechanism for the wrongful prosecutions due to police and prosecutorial misconduct resulting in a pandemic of false cases.

  • This has not only destroyed the social fabric of the nation but also affected the over-burdened judiciary with alarming pendency of over 40 million cases.

Way ahead:

The government should implement the recommendations made by the Law Commission of India in its 277th report on the miscarriage of justice in 2018.

  • The Commission had prepared the report on the basis of a Delhi High Court order in the Babloo Chauhan case in November 2017 to undertake a “ comprehensive examination of issue of relief and rehabilitation to victims of wrongful prosecution and incarceration”.


Undertrials account for nearly 70 per cent of India’s prison population. States including Uttar Pradesh, Karnataka, Madhya Pradesh and Delhi have recorded Covid-19 cases in their prisons. However, several ailing or elderly undertrials are denied bail due to the gravity of their offence, as the contagion reportedly sweeps through several prisons.

Sources: the Hindu.