Law Commission moots legal framework

Compensating victims of wrongful confinement

New Delhi: The Law Commission on Thursday recommended setting up a legal framework to compensate victims of wrongful prosecution, saying injustice caused to innocents needs to be redressed within the framework of rights and not ex gratia by the State. 

Ex gratia payment depends on the State's discretion. The commission called for an established legislative process, "according a transparent, uniform, efficacious, affordable and timely remedy for the loss and harms inflicted on victims on the account of wrongful prosecution". 

It also recommended special courts so that claims made by those accusing the state of wrongful prosecution can be addressed as swiftly as possible. 

The commission in its report called for a special court in every district. It said the ambit of wrongful prosecution would include malicious prosecutions and prosecutions instituted without good faith. 

The commission said it does not seem feasible in law to fix amount of compensation to be paid to victims and said it should include pecuniary as well as non-pecuniary assistance.