SC to hear plea seeking compensation for wrongful arrest and 12-year Incarceration

The Supreme Court has agreed to hear a plea filed by a man who spent 12 years in prison, including six years on death row, before being acquitted earlier this year in a rape and murder case. The petitioner has sought compensation for what he termed a “wrongful arrest, prosecution and conviction” resulting from a flawed investigation.

A bench comprising Justices Vikram Nath and Sandeep Mehta, while hearing the matter on Monday, issued notice to the Union government and requested the Attorney General or the Solicitor General to assist the court in the proceedings. The notice is returnable on November 24.

The bench was dealing with three separate petitions that raised similar issues regarding wrongful incarceration and the absence of a clear legal framework for compensating victims of miscarriage of justice.

One of the petitions pertains to a man from Thane, Maharashtra, who was convicted by a trial court in March 2019 and sentenced to death for the rape and murder of a minor girl aged three years and nine months. The Bombay High Court, in November 2021, upheld the death penalty. However, in May 2025, the Supreme Court acquitted him of all charges, observing that the case demonstrated “a classic example of shabby and perfunctory investigation” and a “flawed and tainted prosecution.”

According to the petitioner, he was arrested on October 3, 2013, without credible evidence and remained incarcerated for 12 years, of which six years were spent on death row. He was released on May 19, 2025, following his acquittal by the apex court. The 41-year-old, a resident of a village in Uttar Pradesh, has contended that his fundamental rights under Article 21 of the Constitution were gravely violated due to his wrongful arrest, illegal detention, and fabricated prosecution.

The plea states that “mere release of the petitioner from incarceration cannot be regarded as sufficient reparation for the grave injustice suffered” and seeks appropriate compensation from the State for the pecuniary and non-pecuniary damage caused by his 12-year imprisonment.

While India’s Constitution guarantees the right to life and personal liberty under Article 21, there is currently no dedicated law or uniform policy governing compensation for wrongful arrest or imprisonment. The issue has been addressed in earlier Supreme Court judgments such as Rudal Shah v. State of Bihar (1983) and Bhim Singh v. State of J&K (1985), where the Court awarded monetary relief for illegal detention.

In 2018, the Law Commission of India, in its Report No. 277 titled “Wrongful Prosecution (Miscarriage of Justice): Legal Remedies,” recommended the establishment of a statutory framework to define wrongful prosecution and provide mechanisms for compensation. However, these recommendations have not yet been implemented.

In previous rulings, including State of Gujarat v. Kishanbhai (2014) and Babloo Chauhan v. State (2017), the Supreme Court and various High Courts had urged the Centre to formulate guidelines or a law to address compensation for wrongful convictions.

The present case is expected to have broader implications, as the apex court’s involvement of the Attorney General indicates a possible move towards establishing judicial principles or interim guidelines to ensure relief for those wrongfully deprived of their liberty. The matter will be taken up again on November 24.