The Kerala High Court has emphasized the urgent need to establish a legal system that ensures fair compensation for individuals wrongfully prosecuted. Justice Kauser Edappagath highlighted that current laws do not offer proper remedies, and such convictions violate the fundamental rights guaranteed under Articles 21 and 22 of the Constitution.
“Basic human rights protections against unlawful prosecutions, illegal detentions, arrests, wrongful convictions etc., are guarantees available to every person under the umbrella of Articles 21 and 22 of the Constitution.” – Justice Kauser Edappagath
Read also: Tamil Nadu Governor Verdict Doesn't Apply to Kerala's Bill Assent Delay: AG Tells Supreme Court
Currently, Sections 273 and 399 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) provide for compensation only if the accusation or arrest was groundless. However, in these cases, the responsibility lies with the informant or complainant—not the State.
The High Court noted that the only available relief comes from constitutional courts under Article 21 through public law remedies, as seen in cases like Neelabati Behra v. State of Orissa (1999) and Mahabir v. State of Haryana (2025). In these cases, the Supreme Court confirmed that compensation can be directed by courts in cases of rights violations.
Read also: Kerala High Court Directs Primacy to District Judge's Opinion for Public Prosecutor Appointments
A significant highlight was the reference to the 277th Report of the Law Commission of India. This report, titled Wrongful Prosecution (Miscarriage of Justice): Legal Remedies, proposed a dedicated legal mechanism including both monetary and non-monetary support like counseling, mental health aid, and vocational training.
"It is high time to implement the recommendations of the Law Commission in its 277th Report to set up a legal framework to compensate victims prosecuted wrongfully." – Kerala High Court
The court emphasized that the justice system must protect the innocent and punish only those proven guilty beyond a reasonable doubt. Quoting historic legal principles, the court reminded that convicting the innocent is a serious failure of justice.
“Better that ten guilty persons escape than that one innocent suffers.” – William Blackstone
Case Background
In the present case, the petitioners were wrongly convicted of murder and sentenced to life imprisonment. They were later acquitted by the High Court after it was found that a fundamentalist group, Jm-Iyathul Ihsaniya, was actually responsible.
The petitioners sought further investigation and demanded Rs. 50,000 as compensation. The investigation officer recommended the State to compensate the victims and initiate action against the officers responsible for the wrongful implication.
Responding to this, the High Court directed the State to take a decision within three months on the compensation recommendation. The Court also granted liberty to the petitioners to take legal action if dissatisfied with the government’s steps.
Case Title: Baburajan v State of Kerala and Others & Connected Case
Counsel for the Petitioners: Advocates Shaijan C. George, S. Rekha Kumari, Sajitha George
Counsel for the Respondents: Advocates Grashious Kuriakose (Sr.), C. K. Sukesh (Sr.), M. Ajay
Case No: WP(C) 23348 & 23349 of 2013
