The wrongfully jailed have the right to compensation
The State is under moral and legal obligations to rehabilitate the victims of abuse of power.
Updated At : 06:11 AM Jul 26, 2025 IST
Fair: The 'perpetrator-pays principle' should be applied against defaulting investigators. Sandeep Joshi
A Bench consisting of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta of the Supreme Court, while acquitting a death row convict on July 15, 2025, stated that it is the domain of Parliament to enact a law to compensate victims of wrongful imprisonment. Although the law provides for compensation to the victims of crimes under Sections 395 and 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the jurisprudence of rehabilitation of the victims of abuse of power is not so well established. It would be intriguing to decode why the learned judges stopped one step short of delivering a verdict on the subject and refrained from exercising their power to do 'complete justice' under Article 142 of the Constitution.
