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Punishing The Innocent: An Overview




Sahruti Singh Pasari, B.B.A.LLB (Hons), Mahindra University of Law

ABSTRACT

The incident of wrongful prosecution or conviction is a direct infringement of human rights of an individual. The violation of human rights is the restriction on the freedom of movement or of one’s thoughts or to one’s privacy to which humans are legally entitled. One of the significant human right violations is arbitrary arrest and detention of someone by the state or government authorities. An innocent person being wrongfully convicted of a crime they did not commit is referred to as this. This may happen as a result of a number of things, including incomplete investigations, forced confessions, weak witness evidence, and administrative biases. Wrongful conviction can result in severe repercussions, such as the loss of liberty, harm to one's reputation, and psychological suffering. Additionally, it can damage the rule of law and destroy public confidence in the justice system. Public law remedies, like compensation, private law remedies, like civil lawsuits, and criminal law remedies, such appeals and requests for post-conviction relief, are all available for cases of wrongful conviction. It takes cooperation from the government, court, legal profession, civil society, and the general public to address a wrongfully convicted person.

Keywords: Wrongful conviction, Society, Remedies, Criminal poverty, Justice,


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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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