New Delhi, Oct 28: The Supreme Court has agreed to examine whether individuals wrongfully arrested, prosecuted, or convicted should be compensated by the State, calling it a critical question concerning personal liberty and the right to life under Article 21 of the Constitution.
A Bench of Justices Vikram Nath and Sandeep Mehta issued notices to the Centre and concerned States while seeking the assistance of Attorney General R. Venkataramani and Solicitor General Tushar Mehta to help frame uniform guidelines for compensating victims of wrongful incarceration.
The Court was hearing a batch of petitions filed by Ramkirat Munilal Goud, Kattavellai, and Sanjay, all of whom had spent several years in prison — some even on death row — before being acquitted by the Supreme Court due to fabricated evidence and tainted investigations.
Goud, who served 12 years in prison including six years under a death sentence, was acquitted in May 2025 after the apex court found that police officials had “created witnesses by way of padding” and arrested him without any evidence. His petition seeks compensation from the State of Maharashtra for the violation of his fundamental rights.
The bench noted that wrongful arrests and prosecutions not only devastate lives but also erode public confidence in the justice system. It observed that there was an urgent need to create a legal mechanism for compensating such victims, a concept already recognized in several democratic jurisdictions.
The petitions also rely on the Law Commission of India’s 277th Report (2018), titled “Wrongful Prosecution (Miscarriage of Justice): Legal Remedies,” which proposed a statutory framework to address such cases.
“We request the learned Attorney General and Solicitor General to assist this Court in these matters,” the Bench said, issuing notices returnable on November 24, 2025.
The Court’s move could pave the way for India’s first comprehensive framework to provide restitution and rehabilitation for those wrongfully deprived of liberty due to miscarriage of justice.
