Q. Which of the following given statement is/are correct?
1. The legal framework in India does have a law on the grant of compensation to those maliciously prosecuted.
2. CrPC (1973) provides for a compensation of INR 10000 to a person wrongfully arrested.
Select the correct answer using the codes given below:

[A] 1 only

[B] 2 only

[C] Both 1 and 2

[D] Neither 1 nor 2

Answer: D
Notes:

Explanation:

What remedies are available to a person against wrongful incarceration/conviction?

  • The legal framework in India does not have a law on the grant of compensation to those maliciously prosecuted;
  • Section 358 of the CrPC (1973) provides for a compensation of INR 100 to a person wrongfully arrested. The compensation is to be recovered from a person on whose complaint the victim was wrongly arrested. Award of this compensation is subject to the discretion of the Magistrate;
  • The Protection of Human Rights Act, 1993, empowers the National Human Rights Commission to inquire into instances of illegal detentions, wrongful convictions, incarcerations, and other human rights violations. After conducting an inquiry, NHRC can recommend that the State pay compensation and initiate proceedings against erring officials;
  • The Law Commission in its 277th Report (2018), noted that ‘the currently available remedies only create an ex-gratia obligation, and not a statutory obligation on the State to compensate‘. Thus, at present, the provision of compensation is subject to the discretion of the Judiciary (or NHRC), rather than a legal obligation of the Executive.

What are the global standards regarding Right to Compensation?

  • The Right to Compensation (for wrongful prosecution, incarceration, and convictions) has been recognized by various international covenants. It has been enforced by various enactments, statutes, and acts in jurisdictions all over the globe;
  • The International Covenant on Civil and Political Rights (1966) lays down the basic commitments that State parties need to adhere to protect the civil and political liberties of the individual. The Right to Compensation for Wrongful Convictions is laid down in Article 14(6) of the Covenant;
  • Article 5(5) of the European Convention for the Protection of Human Rights and Fundamental Freedoms talks about Compensation for wrongful arrest.

Source: EPIC June 2022