• Compensation for enforceme of fundamental Right of life & liberty

One got sentence U/s 302 IPC for life & fine of Rs.5 k in Sep,1997 in a murder Case by Session Court. After appeal in high court in Oct, 1997 & he acquitted given benefits of doubt in Aug, 2011.He file application u/s 340 IPC in session Court in Feb 2012 against SDM & I.O of the case which dismissed in May,2014.
Now he wants to file Case for Compensation against State.Is he entitle for the same since during the span of 25 Year he not only his service, but also lost his family members, lost his house,gone through mental trauma & childhood of his son.If Yes under what section .Is this behind limitation period and whether he file criminal Writ Petition or civil.Should the case file in High Court or in District Court and for How much compensation be claim and under Which section.
Asked 7 years ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

4 Answers

In case instituted on police report, an order of acquittal passed in favour of the accused, after trial, even if the court finds that the accusation made by the de facto complainant was without reasonable cause cannot give rise to any proceeding against him under Section 250 of the Code, to direct him to pay compensation to the accused under that section

2) your remedy is to file cases in the trial court against the prosecuting agency and the state against the false and malicious prosecution by the state and its agencies.

Ajay Sethi
Advocate, Mumbai
96084 Answers
7727 Consultations

5.0 on 5.0

1. It is true that if due to absolute arbitrariness and unlawful acts of the state a person loses his life and liberty the state can be directed to compensate.

2. However in such case the arrest itself is proved to be illegal. mere acquittal us not enough.

3. In this case the acquittal was not even honorable but due to benefit of doubt which happens in most cases of acquittal.

4. If in every acquittal the state is directed to compensate then there would be no Rule of law and nothing but anarchy would prevail.

5. Though your case appears to be unfortunate but I regret to inform that under no circumstances the acquitted person would get compensation.

6. keep the past in past only and move on life.

Devajyoti Barman
Advocate, Kolkata
23105 Answers
505 Consultations

5.0 on 5.0

In writ petition there is no period of limitation.

However such petition must be filed within reasonable point of time.

In your case I can nit find there is enough reason to explain the delay of around 3 years.

Devajyoti Barman
Advocate, Kolkata
23105 Answers
505 Consultations

5.0 on 5.0

You can file writ petition in Delhi high court and claim compensation

2) civil suit for damages would take years to be disposed of

Ajay Sethi
Advocate, Mumbai
96084 Answers
7727 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer