Topic

Wrongful Incarceration

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Defective Investigation Mandates Compensation for Wrongful Incarceration | Six-Year Undertrial Custody in Kidnapping-Murder Case : SC
Case Law Analysis
|Supreme Court of India

Defective Investigation Mandates Compensation for Wrongful Incarceration | Six-Year Undertrial Custody in Kidnapping-Murder Case : SC

The Supreme Court awarded ₹6 lakh compensation for six years of wrongful undertrial custody in a kidnapping-murder case, holding that a fundamentally defective investigation - lacking a Section 65B certificate for electronic evidence, a Section 27 statement for recoveries, and relying on unclear CCTV footage - violated the accused's Article 21 rights. The ruling underscores the state's liability when investigative failures deprive a person of liberty.