If you are stuck in such a situation, here is what to do.

Recently, a distressing case came to light where Mr. Rohan Sharma and his associates from the city of Anandpur were acquitted by the High Court after spending over fifteen years in prison. They were accused of a heinous crime they did not commit. Having lost their youth, career prospects, and family reputation, a critical question arises: Does the Indian legal system provide for their compensation? Unlike countries like the USA, where specific statutes often mandate large payouts for wrongful incarceration, India does not have a single, codified law for this purpose. However, the constitutional courts, namely the Supreme Court and the High Courts, have repeatedly stepped in to award compensation by invoking their extraordinary writ jurisdiction, recognizing that a person’s liberty, when unjustly taken, must be remedied.

Advice in such cases

Being wrongfully implicated and imprisoned is a traumatic experience. If you or someone you know is acquitted after a long period of incarceration, the path to rebuilding life and seeking justice can be daunting. Here are some crucial steps:

• Secure all legal documents, especially the final judgment of acquittal from the trial court, High Court, or Supreme Court. Ensure the judgment clearly states that the acquittal is honourable and not based on a technicality or benefit of the doubt, as this strengthens the case for compensation.
• Document everything. Keep records of the duration of imprisonment, legal expenses incurred, loss of income, impact on family, and any psychological or physical trauma suffered.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

While there isn’t a dedicated “Wrongful Imprisonment Compensation Act,” justice is delivered through a combination of constitutional provisions and other statutes:

• Article 21 of the Constitution of India: This is the cornerstone. It guarantees the Right to Life and Personal Liberty. The Supreme Court has interpreted this to include the right to a dignified life. Wrongful imprisonment is a grave violation of this right, and courts award “constitutional tort” damages to compensate for this violation.
• Article 32 and Article 226 of the Constitution: These articles empower the Supreme Court and High Courts, respectively, to issue writs. A victim of wrongful imprisonment can file a writ petition seeking compensation from the state for the violation of their fundamental rights.
• Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This section provides for compensation to persons groundlessly arrested. While the compensation amount under this specific section is often nominal, it establishes the principle of accountability.
• Malicious Prosecution: A victim can also file a separate civil suit for damages due to malicious prosecution against the individuals who filed the false complaint and the officials who conducted a faulty investigation. The legal action against the individuals responsible for the false case would fall under the relevant sections of the Bharatiya Nyaya Sanhita, 2023 (BNS).

If you are the complainant

If you are filing a criminal complaint, you have a responsibility to ensure that the information you provide is true and to the best of your knowledge. Filing a false or frivolous case can have severe consequences.

• Provide Factual Information: Only state facts that you know to be true. Avoid speculation, exaggeration, or providing false evidence to frame someone.
• Understand the Consequences: Know that if the case is later found to be maliciously filed, the accused person, upon acquittal, has the right to sue you for malicious prosecution, which can lead to significant financial liability and even criminal proceedings against you under the BNS.
• Cooperate with the Investigation: Provide genuine cooperation to the investigating authorities.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you have been acquitted after being wrongfully imprisoned, your fight for justice is not over. Seeking compensation is a crucial step towards rehabilitation.

• Obtain the Acquittal Order: The certified copy of the judgment is the most critical piece of evidence. Your lawyer will help you procure this.
• File a Writ Petition: The most effective remedy is to file a writ petition under Article 226 in the High Court or, in exceptional cases, under Article 32 in the Supreme Court. This petition will be against the State, seeking compensation for the violation of your fundamental rights.
• Seek Action Against Erring Officials: Your petition can also request the court to initiate disciplinary action against the police officers or other officials who were responsible for the malicious investigation or prosecution.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police’s role is primarily during the investigation phase. If an investigation is shoddy, biased, or malicious, it can lead to a wrongful conviction. After an acquittal, the police have no further role unless the court orders a fresh inquiry into the conduct of the investigating officers. In many cases, the department may try to defend its officers’ actions during the compensation proceedings, arguing that they acted in good faith based on the evidence available at the time. However, if the court finds clear evidence of malice or gross negligence, it can pass strictures against the police and even direct the State to recover the compensation amount from the salaries of the erring officers.

FAQs people normally have

What evidence is required?

To file a successful claim for compensation, you will need:

• A certified copy of the court’s judgment of acquittal.
• Records from the jail authority showing the exact period of incarceration.
• Proof of legal fees and other expenses incurred during the trial.
• Evidence of loss of employment or income, such as salary slips from before the arrest or testimony from employers.
• Medical records if you suffered any physical or mental health issues due to imprisonment.
• Testimonies from family and community members about the social stigma and reputational damage suffered.

How long will the investigation take?

It is important to clarify that seeking compensation is not a police “investigation” but a judicial proceeding. After you file a writ petition in the High Court or Supreme Court, the process involves the court hearing arguments from your lawyer and the lawyer representing the State. The duration of this process can vary greatly. It can take anywhere from a few months to several years, depending on the complexity of the case, the evidence presented, and the workload of the court. There is no fixed timeline, but a well-argued case backed by strong evidence can be decided more expeditiously.

Advocate Sudhir Rao, Supreme Court of India