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

The ordeal of being incarcerated for a crime you did not commit is one of the gravest injustices a person can face. Consider the case of Mr. Rohan Mehra, a resident of Anandpur. One evening, he found a person, Mr. Vikram Singh, lying injured on a deserted road after an apparent accident. Rohan rushed him to “Lifeline Multispecialty Hospital,” but unfortunately, Mr. Singh succumbed to his injuries. The deceased’s family, in their grief, suspected foul play and lodged a police complaint. The police, facing pressure for a quick resolution, conducted a superficial investigation and arrested Rohan. He spent 13 agonizing months in jail, his reputation shattered and his family’s finances drained, before the court finally acquitted him, finding the prosecution’s case to be completely baseless. This harrowing experience raises a vital question: What recourse does an individual like Rohan have to reclaim their life, dignity, and seek accountability from the system that wronged them?

Advice in such cases

If you or someone you know has been acquitted after a period of wrongful imprisonment, the path to seeking justice requires careful and strategic steps.

• Preserve all official documents meticulously. This includes the First Information Report (FIR), the charge sheet, all court orders, and especially the final judgment of acquittal.
• Document all losses incurred. This includes loss of income, legal expenses, medical bills for any physical or psychological treatment, and any other financial hardship faced by you and your family during the period of incarceration.
• Avoid any public confrontation or statements against the police or the original complainant immediately after release. Your legal battle is fought in court, not in the media or on the streets.
• 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

The Indian legal framework provides remedies against wrongful prosecution and imprisonment, primarily through constitutional and civil law.

• Article 21 of the Constitution of India: This 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 severe violation of this right, and you can file a writ petition in the High Court (under Article 226) or the Supreme Court (under Article 32) seeking compensation from the state.
• Civil Suit for Malicious Prosecution: This is a remedy under the law of torts. To succeed, you must prove that you were prosecuted, the prosecution ended in your favour (acquittal), the prosecution lacked reasonable and probable cause, and it was initiated with a malicious intent.
• Bharatiya Nyaya Sanhita, 2023 (BNS): While the BNS primarily deals with criminal offences, certain provisions can be invoked against public servants who misuse their power. For instance, Section 202 of the BNS penalizes a public servant who knowingly frames an incorrect record or document with the intent to cause injury.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Section 398 of the BNSS allows a Magistrate to direct a person who caused the arrest of another without sufficient grounds to pay compensation to the person arrested. However, the compensation awarded under this section is often nominal and does not preclude you from filing a separate, more substantial civil suit for damages.

If you are the complainant

If you have filed a complaint that has resulted in an investigation, it is your duty to cooperate truthfully with the authorities. Filing a false or frivolous complaint can have severe legal repercussions.

• Be aware that providing false information to the police or giving false evidence in court is a criminal offence. You could be prosecuted for offences like giving false evidence, which is punishable under the Bharatiya Nyaya Sanhita, 2023.
• If you later realize the information you provided was incorrect, you should immediately take steps to correct it through legal channels.
• 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

As a victim of wrongful imprisonment, you are entitled to seek justice and compensation for the immense suffering you have endured.

• The first step is to obtain a certified copy of the court’s judgment acquitting you. An “honourable acquittal,” where the court explicitly states that the case was false or baseless, is stronger than an acquittal based on the “benefit of the doubt.”
• File a civil suit for malicious prosecution against the original complainant and, in some cases, against the state for the actions of its police officers.
• File a writ petition before the High Court or Supreme Court seeking monetary compensation from the state government for the violation of your fundamental right to life and liberty under Article 21.
• You can also file a private criminal complaint before a Magistrate against the police officers involved for fabricating evidence or acting maliciously.
• 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

When faced with a lawsuit for wrongful arrest, the police department often adopts a defensive posture. They may argue that their actions were based on the information and evidence available at the time of the initial investigation and were carried out in good faith. Proving malice or gross negligence on the part of individual officers can be challenging, as official records are often prepared to justify their actions. Departmental inquiries, if initiated, may not always be impartial. Therefore, pursuing legal action against the police requires a robust case built on strong evidence and skilled legal representation.

FAQs people normally have

Many questions arise in the minds of those who have suffered this injustice.

• Can I sue the government for compensation?
  Yes. You can sue the state government for compensation by filing a civil suit or, more effectively, a writ petition in the High Court or Supreme Court for the violation of your fundamental rights.
• Can the police officers who arrested me be punished?
  Yes, it is possible. You can file a private criminal complaint against them. If found guilty of malicious action or fabricating evidence, they can face criminal prosecution and departmental action, including dismissal from service. However, this is an uphill battle.
• How much compensation will I receive?
  There is no fixed formula. The amount of compensation is determined by the court based on several factors, including the duration of imprisonment, loss of earnings and future prospects, social stigma, mental anguish, and legal expenses incurred. High Courts and the Supreme Court have awarded compensations ranging from a few lakhs to crores of rupees in various cases.

What evidence is required?

To build a strong case for compensation or malicious prosecution, the following evidence is critical:

• The certified copy of the final judgment of acquittal is the most important document.
• The FIR, charge sheet, and statements of witnesses recorded during the trial, which can help establish the lack of evidence or malice from the beginning.
• Evidence of malice on the part of the complainant (e.g., a pre-existing dispute or motive to falsely implicate you).
• Proof of damages, such as salary slips to show loss of income, bills for legal fees, and medical records for psychological counselling or treatment.

How long will the investigation take?

It is important to understand that a suit for compensation is a new legal proceeding, not a police investigation. Civil suits and writ petitions in India can be time-consuming. A case for malicious prosecution or a writ for compensation can take several years to be finally decided, especially if the opposing party (the state or the original complainant) decides to appeal the decision to a higher court. Patience and perseverance are key, but with a strong case, justice can be achieved.

Advocate Sudhir Rao, Supreme Court of India