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:

1. Errors of due process
2. 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.