Remedies for Wrongful Convictions in India

Abstract

India recognises that wrongful imprisonment is among the worst forms of injustice. The author provides an analysis of the factors that contribute to this injustice in India, including the nature of our judicial system and the evolution of the legislation on this topic as a result of several cases. It draws attention to the injustices of our court system and the misery of those who were wrongfully convicted. At the conclusion of the article, the author warns us about the urgent need for judicial adjustments and reiterates the importance of the State protecting people’ rights. Possible remedies under public law, private law, and criminal law were also discussed. Eyewitness confusion is the leading cause of wrongful convictions, followed by faulty forensics, false confessions, official misconduct, the use of informants, and ineffective defence. These factors contribute to an alarmingly high rate of wrongfully convicted individuals.The author of this paper discusses India’s legal recourse for erroneous convictions.