Every person’s existence revolves on the concept of justice. Courts have been established in every country for the aim of regulating justice. The courts are held in high regard as the guardians of the rule of law. This aspect of the courts contributes to the development of a trusting connection between the general public and the courts.When this connection is harmed by improper influence in the courts, a miscarriage of justice occurs.When this connection is harmed by improper influence in the courts, a miscarriage of justice occurs.The courts bear the burden of proof in cases of miscarriage of justice. Delivering justice is a tough task since it must not only be done, but it must also appear to be done. This means that the courts’ obligation does not end with the delivery of a judgement that offers justice to the parties in the case.Many people are confused about who is to blame for a miscarriage of justice: the courts or the judges who give the verdict. In either case, the integrity of the court system as a whole is jeopardised.

A miscarriage of justice occurs when someone is sentenced to prison for a crime that they did not commit. Erroneous arrest, wrongful charge, and wrongful punishment are all examples of miscarriage of justice.Law enforcement officers/authorities, police, defence attorneys, prosecutors, judges, and penitentiary officials are all capable of miscarriage. Some miscarriages are unplanned or happen by chance. Others, on the other hand, are deliberate and venal.

Miscarriages of justice can be divided into two categories:

  • Errors in the due process of law
  • Errors of impunity

Unjustified harassment, imprisonment, and conviction are examples of due process violations. Lapse/failure of justice are examples of impunity errors. As a result, the major perpetrator gets away with it.


Untrustworthiness of eyewitness testimony: certain eyewitness identifications are untrustworthy or incorrect, resulting in unjust convictions. The rate of incorrect identification is far higher than most people assume.

False confessions: Confessions have traditionally been the “gold standard” indicator of guilt, despite the fact that some have proven egregiously false. Under duress, certain suspects are more prone to giving a false confession. These are people who are worried, have a mental ailment, are fatigued, or have been traumatised.

Perjury and false accusations: witnesses in police interrogations may lie for a variety of reasons, including personal animosity toward the defendant, a desire to be compensated, or an attempt to divert attention away from their own role in the crime. When witnesses make false statements (perjury), an innocent person is more likely to be convicted.

Prosecutorial misconduct: Evidence hiding, refusal to disclose exculpatory evidence to the defence, and failing to divulge that some witnesses were bribed to make false statements are all examples of prosecutorial misconduct. Prosecutorial misconduct tarnishes the public’s image of the legal system’s integrity and jeopardises the courts’ capacity to deliver justice.

Corruption: Corrupting evidence by tampering with it, destroying it, or hiding it by police officers or anyone in positions of power is linked to obstruction of justice. This might be the major cause of the judicial system’s failure.



Public law remedy: Article 21 of the Indian constitution prohibits wrongful convictions and imprisonment. In the Boma Chara Oraon case, the Supreme Court ruled that those whose basic rights under Article 21 were harmed due to unlawful imprisonment and other factors should be compensated.

The supreme court has decided in landmark instances such as rudal sah, nilabati behera, and d.k. basu that monetary compensation must be given by the state if basic rights are violated. The Indian legal system does not recognise victims of miscarriage of justice as having a claim to compensation. However, in India, compensation has been recognised as a remedy in situations of injustice as a result of a judicial ruling.

Special courts:Special courts should be established in each area to hear claims of compensation for unjust prosecution. (in order to expedite the resolution of cases.)

Other remedies:

A public apology should be issued in every case of erroneous conviction that results in jail.The supreme court should have legislative authority to annul a conviction that has been judged to be unsafe and unsatisfactory.

Punitive / stringent action against the wrongdoer, resulting in a miscarriage of justice and unjust prosecution of individuals.

The Supreme Court and high courts have the authority to require the state to pay compensation to the victim party in situations of unjust prosecution, imprisonment including deprivation of basic rights, abuse of process of law, harassment, and so on.

Services that are available immediately Financial assistance for essential needs such as food, housing, and education.

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