Indian Journal for Research in Law and Management

The Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

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The Indian Journal for Research in Law and Management

ISSN No. : 2583-9896

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Wrongful Convictions and Compensation: Need for a Statutory Framework

Authors
Ashna Ahmad
School of Law, Prestige Institute of Management & Research
Published August 31, 2026
Volume Volume III
Issue Issue 11
DOI https://doi.org/10.5281/zenodo.22660444
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Ashna Ahmad (2026). Wrongful Convictions and Compensation: Need for a Statutory Framework. The Indian Journal for Research in Law and Management, Volume III(Issue 11). Retrieved from https://ijrlm.com/journal/wrongful-convictions-and-compensation-need-for-a-statutory-framework/

Abstract

India does not have any law to pay the victims who have suffered wrongful accusation, arrest or imprisonment. Due to this absence of law, Supreme Court had been creating its own jurisprudence to provide compensatory relief since the “Rudul Sah v. State of Bihar (1983)” case by viewing compensation as a public law relief. However, this attempt of court has not been continuous & uniform. This paper seeks to evaluate laws involved in the process of compensation for wrongful prosecution in India following the journey starting from “Rudul Sah” till “V. Senthil Balaji (2024)” & 277th Law Commission Report (2018). The paper also highlights that judicial intervention is not a substitute for the legislation in this regard & thus suggests laws to be introduced in this direction.

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The Indian Journal for Research in Law and Management
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