Justice is an essential part of every individual’s life. The system of courts
has been set up in any nation for the purpose of regulation of justice. The
courts are looked up to for being the instrument for safeguarding justice. It is
this feature of the courts that helps in building a relationship of trust
between the common citizens and the courts. When this relationship is affected
by wrongful influence on the courts, the consequence is the miscarriage of
justice.
The burden of miscarriage of justice lies on the courts itself. Delivering
justice is a difficult job because justice must not only be delivered but also
must seem to have been delivered. This signifies that the responsibility of the
courts does not end after just delivering the verdict which provides justice to
the parties in the case. Miscarriage of justice even creates doubts in the minds
of many as to who is responsible for it, the courts, or the judges who deliver
the judgment. Either way, it affects the integrity of the very estblishment of
the court system.
Miscarriage of justice means a situation in which someone is punished by the law
for a crime that they have not committed. Miscarriage of justice includes
wrongful arrest, wrongful charge, wrongful sentences. Miscarriage can be
committed by law enforcement officer / officials, police, defense attorneys,
prosecutors, judges and correctional officials. Some of the miscarriages are
unintentional or accidental. While other are intentional and venal.
There are mainly two types of miscarriages of justice:
- Errors of due process
- Errors of impunity
Errors of due process include unwarranted harassment, detention, conviction.
Errors of impunity include lapse / failure of justice. Due to which the main
offender escape justice.
Challenges:
Some of the challenges to miscarriage of justice are:
- Unreliability of eyewitness testimony:
some of the eyewitness identifications are not worthy of trust / erroneous which leads to wrongful convictions. The rate of mistaken identification is significantly higher than most people tend to believe.
- False confessions:
confessions have always been the “gold standard” indicator of guilt, even though some proved spectacularly misleading. certain suspects are more vulnerable to making a false confession under police pressure. These includes the individuals who are stressed, suffering from mental illness, tired or traumatized.
- Perjury and false accusations:
witnesses in police interrogations may lie for many reasons which includes: personal ill-will towards the defendant, the desire to be paid, an effort to deflect attention from a person’s own involvement in a crime. An innocent person is more likely to be convicted when the witnesses making false statement (i.e. – perjury)
- Prosecutorial misconduct:
it includes the concealment of evidence, the failure to disclose exculpatory evidence to the defence, the failure to reveal that certain witnesses have been paid to give false statement. Prosecutorial misconduct weakens the public’s perception of the integrity of the legal system and undermines the ability of the courts to achieve justice.
- Corruption:
altering, tampering, destruction, hiding of evidence by the police authorities or by the persons who are in authority is somehow closely related to obstruction of justice. This could be the main reason for the miscarriage of justice.
Other challenges
- Police misconduct
- Withholding or destruction of evidence by police
- Fabrication of evidence or perjury by police or prosecution witnesses
- False evidence by the real guilty party
- Flaw in investigation
Remedies
Public law remedy
Wrongful conviction / detention is violation of article 21 of Indian
constitution. Supreme court in boma chara oraon case declared that compensation
to be given to the persons whose fundamental rights under article 21 had been
violated on the account of illegal detention etc.
Landmark cases such as rudal sah, nilabati behera, d.k. basu – supreme court
held that monetary compensation to be paid by state if there is violation of
fundamental rights. Indian legal system doesnot recognise right to compensation
for the victims of miscarriage of justice. But in india by virtue of judicial
decision, compensation was recognised as a remedy in cases of failure of
justice.
According to article 14(6) of iccpr ( the international covenant on civil and
political rights ) read with article 32 of united nations human rights committee
dealing with miscarriage of justice says that victims of miscarriage of justice
to be compensated according to law.
Criminal law remedy
National human rights commission and state human rights commission are
established under protection of human rights act, 1993. Commissions have power
to inquire suo motto or on the petitions filed of matters related to
infringement of human rights which include illegal detention, wrongful
investigation etc. Section 18 of the act talks about if there is violation of
human rights, government or authority is bound to pay compensation to the
victims or to take punitive action against wrongdoer.
Chapter 9 and chapter 11 of Indian penal code,1860 which talks about offences by
or relating to public servants (section - 166, 166a,167) and false evidence
andoffences against public justice (sec – 191 – 195).
If any public servant frames any person in false criminal case, fabricating
false evidences etc provision of punishment is made under sec- 166, 167 of
Indian penal code.
If any person giving false evidence, fabricating false evidence, provision of
punishment is made under section 193-195 of the Indian penal code.
Supreme court in state of Maharashtra V/S Ravi Kant Patil held that it is
state’s liability and responsibility to pay compensation for the wrongful acts
of its officers.
Special courts
There should be special courts in each district for deciding upon such claims of
compensation for wrongful prosecution. (for the speedy disposal of cases.)
Other remedies
- All cases of wrongful conviction leading to imprisonment should be met with a public apology.
- A statutory power should be available / given to the supreme court to quash a conviction which has been found to be unsafe and unsatisfactory.
- Punitive / strict action against the wrongdoer due to which miscarriage of justice is caused resulting in wrongful prosecution of persons.
- In the cases of wrongful prosecution, detention involving depriviation of fundamental rights, abuse of process of law, harrassment etc. Supreme court and high courts have power to order the state to pay compensation to victim party.
- Immediate services financial support for basic necessities such as food, shelter, education etc.
