- Abstract:
Wrongful convictions refer to cases where an innocent person is convicted and punished for a crime he did not commit. Although there have been many instances where the convictions are slid through being wrongfully convicted ones, there is no specific legislation that could offer any remedy for convictions. Without any legal framework, those who have been done wrong have a confined scope of remedies to seek just on their part. This research paper revolves around the aspects of these convictions alongside dealing with the reasons and consequences of such a wrongful conviction with cases that addressed with such convictions.
- Key Words:
Convictions, Exonerate, Innocent, Judicial, Laws, System, Wrongful
- Introduction:
The term ‘wrongful conviction’ conveys a wide range of events revolving around the instances where people are wrongfully convicted for a crime they didn’t commit due to poor investigation, loopholes in the procedures or a miscarriage of justice. In basic essence, a wrongful conviction occurs when the trial fails to represent the innocence of the accused and is overshadowed by the supposed guilty of accused leading to an unfair trial and conviction of an innocent.
In a general sense, we define the term wrongful conviction as a case where the availability of evidence indicates that the accused was factually innocent of the offense for which he has been convicted. Although the layman’s meaning is narrower in its approach to avoid any debate over the terminology, the legal definition of the term wrongful conviction could be much broader and will encompass the aspects of unfair trials, and miscarriage of justice even when there are a few shreds of evidence that encompass that the accused did commit the said crime.
A conviction can be considered wrongful for three major reasons:
- Factually the accused is innocent of the charges levied on him
- Erroneous Procedure
- Lack of Evidence [Interpretive Evidence or Material Evidence]
According to Duhaime’s dictionary[1], “a wrongful conviction is a conviction of a person accused of a crime which, in the result of the subsequent investigation, proves erroneous.” This very definition clarifies what a wrongful conviction is, in terms of law when an accused is convicted for an offence but during subsequent investigations, the accused is found innocent of the charges levied against him and the previous investigation is proven erroneous then such a conviction is considered wrongful in nature.
This research paper highlights the reasons for wrongful conviction and what is the condition in India pertaining to such convictions along with a few factors that leads to such convictions. It also throws some light upon the consequences that a convict faces even after his conviction is reversed on the ground of wrongful conviction along with some remedies available to an individual.
- Research Methodology:
This paper is of descriptive nature and the research is based upon secondary sources of information which includes articles, websites, papers and other law journal blogs.
- Review of Literature:
Unfair conviction ought to halt the facts that create harmony and influence the overall set of the country’s legislature. Thus if the state employs strategies to address these issues and cases pertaining to such unfair convictions, which will not only benefit innocent people but also create a sense of a stable and peaceful legal system. Because if these cases are set aside and neglected they will lead to the arousal of various other issues. Since these unfairly convicted people will set a huge question on whether the blameworthy and not liable individuals alike?
- Statistics:[2]
- 3,175+ exoneration[3] since 1989 in the National Registry of Exoneration.[4]
- 375 people exonerated through DNA evidences since 1989.[5]
- 27,200+ years were spent in prison by people for the crimes they did not commit.[6] [reached its peak in 2022, 247 wrongful exoneration]
- Reasons for such convictions:
- The intentional manipulation of evidences, or fabricating accusation by the law officials or the prosecution. Such manipulations can rise from a range of reasons including personal bias or political influence.
- A biased investigation will lead the court to fixate on a particular accused as a suspect, that will lead to overlooking the evidences that proves his innocence and only focus on the evidences that supports his guilt.
- Often cases are based on confessions that are extracted from the accused by the way of coercion, which leads to the false testimonies and often the accused accept the crime that he didn’t commit in order to escape the brutal interrogations.
- Bringing evidences or witness that will support the guilt of the accused and creating a zone of prejudice for the bench and often these evidences aren’t scrutinised properly and end up being accepted by the court.
- Misinterpretation of forensic evidences or the testing procedures aren’t question to the expert witness that leads to inaccurate conclusions and implicate the guilt of the accused.
- Only relying on the evidences of an eye-witness when the other evidences are absent, the human memory can’t be relied solely that are probability of errors and influence from other factors.
- There are instances where the relevant evidences aren’t brought on record due to the Negligence on the part of the investigating agencies.
- Racial prejudice also plays a key role in cases, a certain criminal mind-set is attached with a race which hinders with their innocence.
- Factors that also contributes to a wrongful conviction:
- Prejudice due to past criminal history.
- Lack of strong evidence to support the defence.
- Concealing of facts by the prosecution.
- Fabricating evidences using witnesses.
- Defences being unsuccessful to prove their case.
Preventing wrongful convictions is important in order to establish a fair and just trial process. This can only be achieved if relevant measures are taken up in our proceedings and investigations such as recording the interrogation process to prevent any false confessions of forced confessions and using methods that don’t pose a threat during and providing adequate procedures in order to avoid the misrepresentation and misinterpretation of the evidences and implementing reforms to improve the justice system. Along with keeping personal and racial discrimination at a bay while considering the evidences and providing the judgement.
- What is the situation like in India?
Although we can find a lot of statistics floating regarding the wrongful conviction but no data can be marked correct. Because the number of wrongful conviction cannot be known since we don’t have any agency run by government to keep a track of such cases. It is no doubt that wrongful acquittals shake the confidence of people for the judicial system, but a wrongful conviction of an innocent person and the aftermath of such conviction are far worse.[7]
The Indian judicial system mainly works on the principle of “Fiat Justitia Ruat Coelum”[8], yet there are many cases of wrongful convictions prompting in the country. Many innocent people are being wrongfully convicted and many guilty people are being acquitted, which causes injustice and throws the legal pendulum off balance. The legal system set for justice seems to get altered in one way or another, leading to the hamper of criminal justice practices and rightful conviction.
Judgments in India follow the principle that favour the ideology that, “A hundred guilty may be left behind but an innocent should not be punished”. Yet these innocents are ended up being the ones who suffer due to the loopholes in the system.
- Cases Laws:
In several famous cases that took place in India, the accused was first declared guilty before he was exonerated for the same crime.
- Babloo Chauhan .VS. N.C.T. Delhi[9]: According to the ruling of this case, it was held that erroneous conviction practices causes a miscarriage of justice and hence should be stopped by the legislation by using a variety of remedies and by providing a fair and reasonably proceedings.
- Ayidhya Dube and Ors .VS. Ram Sumer Singh[10]: It was seen that a miscarriage of justice occurred due to lack of judicial approach and usage of right critical analysis, along with inadequate assessment of crucial pieces of evidence by the Court.
- State .VS. Saqib Rehman and Ors[11]: The accused was found guilty, according to the court, it was later found that police fabricated some of the vital evidences that led to the conviction of the accused.
- The Supreme Court in the Akshardham Terror Case[12] turned down a collective request for compensation of a wrongful arrest made by six people. After more than ten years of prosecution, the Supreme Court found them not guilty.
- In the case of Ram Lakhan Singh .VS. State of UP[13], is was seen that wrongful prosecution violates a person’s fundamental rights and hence such victims should be provided with some compensation.
- The consequences of wrongful convictions:
It is very evident that being found guilty for a crime one didn’t commit is unfair. Despite the lack of any serious incidents in the prison, it’s very clear that a significant portion of those who serve the sentence as a wrongful convict experience severe emotional and psychological trauma. Which makes it difficult for exonerated inmates to lead regular lives once they are released. Once an innocent is found guilty for a crime as grave as a murder and sentences for it, no amount of remuneration can revoke the damage occurred, since the injustice caused by the unjust conviction can’t be undone. All the consequences that one faces due to the irregularities in the legal system, serves to emphasize how crucial it is to make an effort to prevent the unjust conviction of an innocent.
- Syed Wasif Haider:
He was arrested and charged with many offences including sedition, rioting and murder and was accused of being a part of a terrorist group. After spending 8 years in the prison he was found innocent and was finally acquitted of all the charges that were imposed against him. But even after being released his series struggles didn’t end, he was not able to cope with his finances due to lack to a decent job, outside the jail.
During one of his interviews he expressed his struggles and injustice faced by him outside the jail.
“I might be a free man now but I feel I am in a bigger jail now. Even after seven years of acquittal, I am as isolated as I was in jail,”
“Today, I am a jobless man. No one is ready to give me a job because of my past. I can’t start my business because no one wants to deal with a ‘terrorist’, no matter if I was honourably acquitted by the court”[14]
- Arushi Talwar Case:
The preliminary investigation failed miserably and the evidences that were collected by the investigating agency was a messy havoc. The prosecution, in this case only relied upon the exculpatory evidence in order prosecute the accused, the parents of the deceased. It took nearly three years to prove that the parents were not guilty. This case highlighted the importance of fair disclosure and the importance of just investigation. Along with how an innocent person suffers in the cases were the prosecution is determined to get the accused convicted wrongfully.
Although the wrongful convicts are exonerated and are legally not considered as an accused, but in the eyes of the society they will forever be considered a criminal. Irrespective of them being discharged of the charges. The psychological toll it takes on people who are falsely accused is harsh and significant. Hence a suitable procedure I required to be set up in order to help such innocent people trapped in this vicious cycle.
- Triple Murder Case of Odisha[15]
The accused, Habil Sindhu was a charged for killing three of his neighbour which includes a child as well along with killing he was also accused of practicing black magic and was convicted for the triple murder in 2005. Upon challenging the conviction, the case was sent to the High Court and an investigation was started after analysing a 32 pages long charge sheet and evidences of the witnesses, The Court was unable to find any evidence against the accused and Habil Sindhu was found innocent of all the charges and was released. But by the time he was freed he was fulfilling his sentence in the jail. After spending 19 years in the jail he was released. The court announced his innocence but it was too late and the trauma caused and the years he spent in the jail left a scar on him.
- Remedies:
In order to safe guard the victims from the wrongful convictions, the legislature have formed a set of remedies to address the issue of such convictions:
- The victim can submit a writ petition to challenge the conviction before the Court in accordance with the provision of Art. 226 and Art. 32. The Higher Court is empowered to overturn the ruling if its challenged.
- Scope of Art 21 and Art 22 of the Indian Constitution deals with the public law remedies in relation to the errors in the prosecution within its ambit. The scope of Art.21 was widened were in the courts were considering the cases of the victims of the wrongful convicts and awarding them with adequate compensation[16].
- The remedy to initiate a civil proceeding against the state and its officials is governed under Art. 300 where the government can be prosecuted. In the case of State of Bihar .VS. Rameshwar Prasad[17], where the proceedings were initiated only to harass the accused, the Court held the State employees liable for the malicious prosecution.
- The criminal Statues also provide for remedies in case of such malicious proceedings are initiated, Section 192 of IPC which penalises the false evidence and Section 193 talks about the penalties for producing false evidences during the proceedings. Section 211 of IPC which deals with miscarriage of justice that results in unjust prosecution.
- Apart from legal remedies there are various organizations that work to protect the rights of the people who have been wronged such as NHRC [National Human Rights Commission], SHRC [State Human Rights Commission] or various NGOs and Innocence Project India, they have the power to inquire suo motu or on the petitions filed for matters pertaining to human rights violation which includes illegal detention, wrongful investigation, incarceration, etc.
The above mentioned remedies are a few remedies that are mentioned in our legislative statues in order to combat the malicious proceedings and prevent wrongful conviction. The Indian Criminal Justice although lacks a proper redress for these convicts but these remedies will help to soothe some harm and help the innocents to rearrange their life.
Although wrongful convictions are a part of system administering criminal justice but there is vital need to have an effective legal mechanism that will provide convicts and their dependant some reasonable compensation. This should involve State agencies to investigate the case and take adequate responsibilities for such convictions. In case of any of any vested interest is made out the innocent convict should be rewarded and the person involved in the malicious act should be penalised even though he is an official, statutory immunity that they have should be yield away in order to provide fair justice.
- Conclusion and Suggestions:
A wrongful conviction is grave issue for any nation, these convictions not only harm the accused who was sentenced guilty before being exonerated but it also hampers with the public’s faith in the judicial which in turn pose a serious hazard to the public safety. When an innocent is convicted that means the real offender is still roaming on the streets where the possibility of him committing the same offence or even an offence of more grave nature stays on board. Hence, the state should step up and take the required precautions while entertaining any case especially when the crime involved is of a serious nature. Although they are exonerated legally but the social pressure and the prejudice of the societal parameters forces them to lead a disassociated life, because once a crime is adjoined with a person irrespective of the consequences or the judgement, he will be labeled as an offender in the society.
India being a well-being state, such fiasco by the state in the form of wrongful conviction is seen as a destruction of human rights. This is a kind of failure of justice at the expense of the state’s lack of framework to safeguard such situations and lack of remedies that are provided to such wrongful convicts. Being wrongfully convicted not only has the accused spend years in prison for a crime he didn’t commit but also causes him emotional trauma, hence a comprehensive law is required to ensure a clear and established procedure to compensate the victim is set in motion along with some rehabilitation programme and some legal actions that should be taken against the officials or authorities that contributed to the wrongful conviction intentionally. The victim when sent back into the society faces a lot challenges which includes social acceptance, no opportunity to earn a livelihood, hence a system needs to set up to help them find there pace back in the society. Along with this there should be independent review boards where they can provide impartial reviews and judgments as to whether the conviction was done correctly within the ambit of the trial or there is an evidence that could prove the innocence of the accused.
Wrongful convictions represent a profound failure of the justice system, in the trial of leaving trauma and injustice. The issue of wrongful conviction is rather a complex one, where acknowledging the drawbacks in the justice system is essential. Addressing this issue will uphold the fundamental principles of a fair and just trial without any misrepresentation or misinterpretation, along with upholding the principle of Innocent until proven Guilty. By imbibing effective measures to provide comprehensive remedies and compensations and embarking few reforms into our existing system will help the judicial system to deliver true justice to the public without stomping over the innocent trapped into the loopholes in the legal system.
Author,
Nikita Sharma
TY- BALLB [A/60]
Thakur Ramnarayan College of Law, Mumbai
[1] Duhaime’s Law Dictonery, Lloyd Duhaime, Duhaime.org, 2000
[2] The below mentioned stats were conducted in USA, by various USA government run agencies.
[3] A person who has been convicted of a crime is officially cleared after new evidence of innocence becomes available.
[4] Equal Justice Initiative, Wrongful Convictions, https://eji.org/issues/wrongful-convictions/, (last visited on 13th November 2023)
[5] Innocence Project, Dna Exoneration in the United States, https://innocenceproject.org/dna-exonerations-in-the-united-states/, (last visited on 13th November 2023)
[6] University of Michigan law school, The National Registry of Exoneration, Exoneration by year, https://www.law.umich.edu/special/exoneration/Pages/Exoneration-by-Year-Crime-Type.aspx, (last visited on 13th November 2023)
[7] Kali Ram Vs State of Himachal Pradesh, 1973 AIR 2773 [Headnote Para no. 3]
[8] A Latin legal phrase which translates to, “Let justice be done though the heaven falls”. This maxim signifies the belief that the justice must be realized irrespective of its consequences.
[9] Babloo Chauhan Vs NCT Delhi, 247 (2018) DLT 31 [Para No. 16]
[10] Ayidhya Dube and Ors .VS. Ram Sumer Singh, AIR 1981 SC 1415
[11] State .VS. Saqib Rehman and Ors, 2012 Latest Caselaws 4551 Del [Crl.L.P. 234/2011]
[12] Akshardham Terror Case, 2014 5 SCC (Cri) 312
[13] Ram Lakhan Singh .VS. State of UP, 1978 SCR (1) 125
[14] Al Jazeera, Human Rights News, India Activits seek justice for wrongful conviction, https://www.aljazeera.com/news/2016/12/12/india-activists-seek-justice-for-wrongful-convictions, (last visited on 13th November, 2023)[15] Habil Sindhu .VS. State of Odisha, Jail Criminal Appeal No. 132 of 2005
[16] Maneka Gandhi Vs. Union of India, 1978 SCR (2) 621
[17] State of Bihar .VS. Rameshwar Prasad, AIR 1980 Pat 267