There is no sustained engagement with wrongful convictions as a systemic reality of India’s criminal justice apparatus. Nor are they adequately explored in scholarship or policy reform. Various levels of the judiciary have recognised investigative and prosecutorial misconduct, manipulation of evidence, and use of torture; yet a wider conversation on wrongful convictions remains absent. A judge who spoke with us for ‘Matters of Judgment’ and who decided nearly 100 murder cases in appellate courts said, “padding up or brewing or creating more evidence at the insistence of somebody” resulted in the conviction of innocent persons. In the past decade, the acquittal rate of High Courts in death penalty cases has been four times the confirmation rate while the Supreme Court’s was twice the confirmation rate. Further, courts have exhibited a reluctance to grant compensation even in cases where the acquittals have come with explicit recognition of manipulation and malafide. At The Square Circle Clinic, in order to address this critical gap, we will be incorporating wrongful convictions under the fold of our research endeavours. Through our work, we will seek to question systemic failures, advocate for stronger safeguards, and build a robust body of knowledge that centres the lived experiences of those who have been wrongfully convicted.
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