Wednesday, June, 03,2026

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TOWARDS A JUST REPUBLIC: URGENCY OF REPARATION LAW

Hon’ble Supreme Court of India has, time and a g a i n , stressed upon the need of compensating a person for wrongful arrest, prosecution and conviction. In many cases innocent persons are accused and false evidence is planted against them. These victims of the system languish in jails over false charges for years and finally get acquitted for lack of evidence. This fact is borne by the fact that the conviction rate in the country is just around 54 per cent. Acquitted persons need to be compensated as their incarceration is a violation of their right to life and personal liberty. Thomas Jefferson has said that “under the law of nature, all men are born free, everyone comes into the world with a right to his own person…….using it at his own will. This is what is called personal liberty.”

The right to life, liberty and the security of person is undoubtedly the most fundamental of all rights. Echoing Magna Carta, 1215, French Declaration of Rights, 1789, Fifth Amendment (US) and Irish Constitution, 1937, Article 21 of the Indian Constitution mandates that “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” It prohibits the deprivation of the above rights except according to a procedure established by law. The infringement of this fundamental right due to police and prosecutorial misconduct invokes State liability. Importantly, Articles 14(6) and 9(5) of the International Covenant on Civil and Political Rights (ICCPR) lay down right to compensation for wrongful conviction and for wrongful arrests and detentions, respectively. India is a signatory to this Covenant. Justice is the signal tune of preamble to the Constitution, hence, India’s criminal justice system needs to provide for reparation to victims of wrongful prosecution.

Historically speaking, there has been a provision to compensate persons groundlessly arrested in the Code of Criminal Procedure, 1898 (Section 553) and in the Code of Criminal Procedure, 1973 (Section 358) where the Magistrate was empowered to order payment of compensation of paltry amounts of fifty and hundred rupees respectively, to the person so arrested by the person causing such arrest. Section 399 of the Bhartiya Nagarik Suraksha Sanhita, 2023, reiterates the Section 358 of the CrPC, 1973, except that the amount of compensation has been increased to one thousand rupees. These reparations have never been in commensuration with the social stigma, mental agony and physical discomfort suffered by the persons groundlessly incarcerated.

John Locke has said “wherever law ends, tyranny begins.” Taking a cue from this, the Delhi High Court directed the Law Commission of India to submit a report in this regard [247 (2018) DLT 31]. Consequent upon this, the Law Commission made extensive recommendations in its 277th Report on Wrongful Prosecution (Miscarriage of Justice): Legal Remedies in 2018. Dr. Kirit Solanki’s bill lapsed in Lok Sabha in 2019, titled Protection of Rights of Wrongful Convicts. Remarkably, the Central Government missed a massive opportunity to put in place a reparation system for groundless arrests, imprisonment and conviction in newly enacted BNSS.

Hon’ble Supreme Court has recently sought assistance of the Attorney General and the Solicitor General to frame guidelines on the issue. India is a just republic. Based on the state’s strict liability for the actions of its functionaries, its key desideratum is to pass a law to uniformly determine pecuniary and non-pecuniary compensation to the victims of wrongful prosecution. The Law Commission has not only critiqued the inadequacy of existing legal provision, it has also recommended enactment of a new law on the subject. Its report has redefined “miscarriage of justice” in the Indian context as “wrongful prosecution,” where a) the accused was not guilty of the offence; b) there as misconduct by the police in investigation and prosecution of the person; and c) the person was found not guilty by a trial court or by a higher court after a prior conviction. The Commission has recommended establishment of designated courts in each district, following summary procedures, for speedy and efficient disposal of compensation claims.

Notably, the Law Commission’s report has advocated a comprehensive reparation framework to include monetary and nonmonetary assistance. Though the report has not specified a fixed amount, it has recommended that the courts be guided by the factors, such as, seriousness of the offence, severity of the punishment, the length of detention, harm caused to health and reputation and loss of opportunities. It has also recommended payment of interim compensation for claimants needing immediate assistance, while proposing counselling, mental health services and vocational skill training and removing disqualifications arising from wrongful prosecution, affecting employment and education, as nonpecuniary assistance. Despite the Law Commission’s comprehensive recommendations and the proposal of a draft bill, a specific statutory framework for compensating the wrongfully prosecuted and acquitted persons has not yet been enacted in India.

Globally speaking, many European countries (Germany, Austria, the Netherlands and Italy) and Nordic countries (Norway, Sweden and Denmark) have specific legislation for compensating those who have been unjustly detained and later acquitted. Compensation rates range from €25 to €230 per day. Other losses are considered separately. In Spain, compensation depends on the time spent in detention and other consequences suffered by the person and his family. Compensation for wrongful prosecution and incarceration is handled under a mix of federal and state laws in the USA. The systems and amounts vary considerably. Some states use fixed formulas based on the length of detention, while others offer discretion to courts. Nonmonetary compensation, such as rehabilitation services, housing assistance, job training, is also provided in many cases. It has been reported in the Times of India (29th October, 2025 edition) that “between 1989 and 2023, New York State had made a total payout of $322 million to those wrongfully incarcerated.” UK and China also have laws to compensate victims of miscarriage of justice.

The state’s primary duty is to protect its citizens’ rights and when its own machinery fails an innocent person, it has a moral and legal obligation to make amends. The legal maxim that “satius est impunitum relinqui facinus nocentis quam innocentum damnari,” i.e. “it is better that the crime of a guilty person should remain unpunished than that an innocent should be condemned,” underpins the need for enactment of a reparation law in India to fill critical gap in the Indian reparation jurisprudence.

THE VIEWS EXPRESSED BY THE AUTHOR ARE PERSONAL

Shrawan Sawhney, The author is IAS (Retd.)

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Daily Astro

03-06-2026

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Aries

Ganesha says it will be an important day for you, Aries. Your energy and confidence are ready to take you to new heights. Today you will be able to express your thoughts with clarity, which will increase your communication skills. New opportunities may arise in the working areas, which you have to be ready to take advantage of. In social life, you can make new meetings, which will prove beneficial for you in the future. This day will be good for solving family issues, and you will be able to establish better relations with your close ones. In the field of health, take care of your routine and resort to yoga or meditation to relieve mental stress. Controlling your expenses will be a smart move, as any sudden financial need may arise. Overall, this day is for you to stay positive, just use your insight and energy properly.

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Pisces

Ganesha says it is going to be a positive day for you. Your sensitivity and intuition will flourish today, allowing you to establish better connections between yourself and others. It is time to connect with someone or refresh old memories. Try to communicate with people close to you, as it will strengthen your relationships. In the field of work, your creativity will be cyclical today. If you are working on a project, your ideas will be new and full of innovation. Do not be afraid to share your ideas, it will give you positive feedback from your colleagues. In terms of financial condition, avoid any big investments. Small expenses will prove to be justified but think well before making any big decisions for the long term. In terms of health, focus on a balanced diet and regular exercise. For mental health, practicing meditation or yoga will help keep you stress-free.

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Aquarius

Ganesha says new opportunities are likely to open up for you. You will be in a position to take your creative abilities to new heights. This is the time to share your ideas and make new plans. Your friends and family will support your ideas, so it will be beneficial to take their advice into account. Positive changes are possible in business. This is the right time to work on an important project. You will get an opportunity to use your skills and knowledge properly. But, be careful; in some cases, you will need to control your emotions. In personal life, relationships will deepen. You will try to spend more time with your loved ones. This is a good time for love and companionship. Enjoy emotional moments that will make your relationships stronger. Be health conscious. Dedication to yoga and meditation will give you mental peace. These activities will keep not only your body but also your mind active. Overall, today will be full of possibilities for you. Stay committed to your dreams and work on them.

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Capricorn

Ganesha says your day is full of some new possibilities. You will experience grace and stability in your actions. This is the time to focus on your goals and work with determination to pursue your plans. You are likely to get success in your work, especially if you maintain your hard work and dedication. Positive changes can also be seen in your relationships. You will get a chance to spend time with family and listen to them, which will increase mutual understanding and depth. Focus on communication, as it will make your relationships stronger. However, it is also time to make monthly plans. Take care of your financial matters and try to save. This is the time when you can take concrete steps for your future. Your health condition is likely to remain normal but take some rest. Maintaining a mental balance will be important for you. Stay positive and keep faith in your actions!

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Sagittarius

Ganesha says today will be full of new possibilities and positive energy for you. You will feel a rise in your confidence, which will keep you open to new opportunities. This is the right time to make an important decision. Your spirituality and intuition will be strong, which will enable you to understand and face difficulties. Spending time with friends and family will awaken a sense of happiness and satisfaction in your mind. Relationships with colleagues at work can take a new direction. Cooperation and communication will help solve problems. If you face an obstacle or challenge, remember that you can overcome it. In terms of health, you may need to make a little improvement in your routine. Regular exercise and a balanced diet will give you freshness and energy. Strengthening social relationships and contacting new people will also be beneficial today. This is the time for self-growth and positive change for you, so recognize the energy within you and use it properly.

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Scorpio

Ganesha says today will be full of enthusiasm and energy. You will move towards achieving your goals, and your hard work will pay off. Social life will also be active; you will get a good chance to spend time with friends and family. In terms of health, take a little caution. Focusing on meditation and exercise will help reduce mental stress. This is also a good time to take up a new hobby, which can unleash your creativity. Take wise steps in terms of money. Make informed decisions while investing. For potential financial gains, take a look at past projects again. Your career is showing good signs of progress. Your ideas may be appreciated at the workplace, which will increase your confidence. Still, some issues may require restraint. Overall, today will prove to be positive and auspicious for you. Spend it with pride with your loved ones.

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Libra

Ganesha says today will be a very auspicious and positive day. You will get a chance to clarify your thoughts, which will bring stability to your personal and professional relationships. Your communication skills will increase, and this will open the doors of new possibilities for you. Your creativity and aesthetic sense will be especially strong today. If you are associated with any art or design, your work will be appreciated. This is the right time to express your feelings. If you are confused about a decision, trust your intuition; it will show you the right path. In terms of health, small changes can make your life better. Focus on regular exercise and a balanced diet. In love and relationships, a new understanding will develop, which will strengthen the mutual bond even more. Overall, this day is a sign of positive changes and new beginnings for you. Stay focused on your goals and recognize your inner strengths.

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Virgo

Ganesha says today is a suitable day to highlight your cognitive abilities and business skills. Today, you will be full of clarity and precision in your actions, which will increase your value among your colleagues and superiors. There is a possibility of bringing some changes to your routine, which will bring positive results for you. This is a good time to improve relations with family members. Try to resolve any old disputes, and keep communication open. In terms of health, meditation and yoga will bring mental peace. Also, take some time out of your routine for exercise. From a financial point of view, this is the right time to make a good plan for the right investment. Take a good look at the options available to you and make a wise decision. Overall, today will prove to be a day of new possibilities and positive changes for you. Be full of confidence and stay focused on your goals.

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Leo

Ganesha says today will be a day full of energy and inspiration. Your confidence will increase and your thoughts will come out with clarity. On this day, you will be able to see some new possibilities in your career, which will bring you hard work. Mutual understanding and harmony will increase your relationship, which will create a happy atmosphere among the family. This is a great time to express your thoughts clearly, so do not hesitate to communicate with your partner or friends. It is important to be health conscious, a little exercise and meditation will maintain your mental and physical health. Overall, this day will bring activity and positivity for you, so make the most of all the opportunities!

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Cancer

Ganesha says it will be a day of information and communication for you. Your mind will be full of ideas and you will be able to express your ideas well. There is a possibility of some new opportunities in professional life, which can prove beneficial for you. It is a good time to strengthen relationships with your colleagues, so work together at the workplace. Your emotional state will also be strong. Time spent with family will give you satisfaction. If you have any old problem going on, then the right time is coming to solve it. However, you need to keep your emotions under control, so that you do not get agitated over small things. In terms of health, try to practice yoga and meditation. It will empower you both mentally and physically. Take informed decisions in financial matters; do not rush into any investments. In summary, this day will be all about communication and cooperation, which will lead to positive changes for you.

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Gemini

Ganesha says there will be a new energy and freshness in your thoughts, which will make your personality even more attractive. Social contacts are likely to increase, which will expand your network. You will be inspired to spend blissful time with your friends and family. Some positive changes can also be seen in the business sector. The results of your hard work will gradually start coming, and this will motivate you to move forward. Keep in mind that while sharing your ideology, work with empathy, this will strengthen your relationship with colleagues. It is important to be health conscious. A little attention and relaxation will give you mental freshness. Practicing yoga or meditation will be beneficial for you. This day will be full of positivity and new possibilities for you. Express your mind openly and do not hesitate to adopt new ideas.

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Taurus

Ganesha says it will prove to be a positive day for you, Taurus. You will feel energetic and full of confidence. The time has come to reap the fruits of your hard work and efforts. The workload may stress you for a while, but you will face all the challenges recognizing your strengths. Sweetness will also remain in your relationships. Spending time with your family and friends will be a source of joy for you. Conversation with someone special can give you a new vision and promote mutual understanding. A special occasion may be organized among friends or family, which will bring happiness and harmony to you. Moments spent with loved ones will give you mental peace. It is important to be health conscious. A little exercise or yoga will give peace to your mind and energy to your body. Your day will be full of happiness and positivity, just keep your thoughts and emotions balanced.

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03-06-2026