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Year : 2024, Volume : 6, Issue : 1
First page : ( 13) Last page : ( 21)
Print ISSN : 2582-4627. Online ISSN : 2582-7529. Published online : 2024 February 09.

Miscarriage of Indian Criminal Justice System and Sequelae of Wrongful Prosecution

Dr. Anju*, Deepak**

*Associate Professor, Department of Law, Central University of Haryana, anjulaw@cuh.ac.in, 7056439968

**Research Scholar, Department of Law, Central University of Haryana, deepak191083@cuh.ac.in, 9812494230

Online Published on 09 August, 2024.

Abstract

The effectiveness and honesty of India’s criminal justice system are key considerations in establishing the legitimacy of the system. The effectiveness of the system can be assessed by its ability to detect and probe illicit behaviour, as well as identify offenders and administer suitable penalties. The justice system’s capacity to convict the culpable and absolve the blameless, along with its meticulousness in conducting trials and its commitment to ensuring fairness, providing competent legal counsel and safeguarding the accused throughout all proceedings, enables it to ascertain guilt and innocence. The objective of this research is to gain a more comprehensive understanding of the consequences of imprisonment on those who have been falsely incarcerated or prosecuted. This will involve examining relevant legal regulations, specifically a comparative analysis of legislation in Western nations and India. The proposed research is aimed to ascertain the consequences of an unfair prosecution. Is there any existing legislation pertaining to this subject? The study undertook a comprehensive examination of some of these difficulties. The topic has been examined in relation to significant cases and legal decisions. Ultimately, the study analysed both the current provisions and the ones suggested by other entities. Furthermore, the study endeavoured to propose practical remedies and strategies for mitigating or eradicating this issue. The author conducted a thorough analysis of the different forms of this issue in our nation, while also examining data from the National Crime Records Bureau and relevant literature pertaining to the 277th Law Commission Report. The objective was to gain a deeper understanding of the correlation between wrongful prosecution and the yearly rise in the population of under-trial prisoners.

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Keywords

Criminal Law, Miscarriage of Justice, Right to Life and Liberty, Wrongful Incarceration, Under Trial Prisoner.

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