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The law Commission of India in its 277th report has suggested amendments to the Code of Criminal Procedure to incorporate the modes to address wrongful prosecution and to provide legal remedies for the victims thereof. The report is seen to have paid heed to the case of Babloo v. State of Govt. of NCT of Delhi where the Delhi High Court had requested the Commission to examine the possibility of any relief that can be given to the victims of wrongful restraint. The bench comprising Justice S. Muralidhar and Justice I.S. Mehta had made an urgent direction for the need of framing such policy that would give relief and rehabilitation to the victims of wrongful restraint and the prisoner’s family and dependants. Questions related to when such relief be applied must be explained and deliberated in details. Such a task must be left to LCI that has been established to advise the Government in legislative matters. LCI has noted the lack of action and interest on the part of the State to give relief to such victims. This has been quoted as a miscarriages of justice.
The LCI recommended the establishment of special courts for the speedy dispense of justice. The wrongfully restrained prisoner can apply to such special court within the jurisdiction of his imprisonment area or to a special Court in the jurisdiction of the area where he resides . The action can be brought about by a person who has been wrongfully restrained or prosecuted, has suffered any damage to his body, mind and reputation. It can be brought about by a person, his agent, his heirs , his legal representatives and the like.
The LCI report recommends the following of summary procedures by special Court for the purpose of inquiry and adjudication. The burden lies on the claimant to prove the wrongful prosecution. It suggests framework of time within which the case is to be disposed , limitation period for filing claims on compensation, compensation payment. The special Court may also direct concerned authorities to initiate proceedings against erring officials. The report does not alter down a fixed amount of monetary compensation but lays down the guidelines that the court must follow to determine the compensation. It promises pecuniary and non pecuniary assistance to effectuate rehabilitation. Pecuniary assistance would be monetary award determined by the court and non pecuniary assistance would be services such as counselling, employment skills development and the like. Factors taken into account would be seriousness of offences, loss or damages to health, psychological and emotional harm, loss of opportunitiesand the like.
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