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Abstract
Modern States are working as welfare states, therefore, an idea of compensation to the victims is realised. In traditional classification system, arrest and detention were described as a sovereign functions of the State, so there were no provisions for compensation but now under Article 21 Supreme Court has given dynamic approach to ‘Right to life and Personal liberty’ through various judgements. Supreme Court of India has started to award compensation in the cases of wrongful prosecution, undue detention and bodily harm. As per this new approach claim for compensation can be entertained by Indian Courts; hence under Article 32 and 226 victims can approach to the Supreme Court and High Court for constitutional remedies. However, so far in India, legislative framework or schemes to provide compensation or relief for restitution or for redressal of harms/damages which were/are caused to the victims due wrongful prosecution/detention are yet to be made. Even factors that are needed to take into consideration to determine amount of compensation have not been fixed so far. In this paper an attempt has been made to highlight various issues and challenges that related to compensation in Indian criminal justice system and suggestions are given by highlighting limitation of the remedies which are provided in India for compensating wrongfully prosecuted person.