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Aaqib Majeed Khan   19 October 2021

Can the acquitted

Can the acquitted person sue for his punishment after court,s Judgement?
can he ask for demages against his punishment before the aquittal decision by court?


 5 Replies

Anusha Singh   19 October 2021

As per your query it is understood that you need information about the damages you can claim after the acquittal.

the Indian legal system does not provide for any instant remedy for the aggrieved. According to experts, they can only file a case of malicious prosecution against the complainant or the prosecuting agency and claim damages for the time spend in jail. But that too comes with riders. First, a person needs to be acquitted. Secondly, we see if the aggrieved has been acquitted on the basis of his innocence. And last, there should be prima facie evidence that the case was filed against the person with a malafide intent.

In other terms, if a person is acquitted and given the benefit of doubt or because the state agency failed to investigate the case properly resulting in acquittal, he or she has a lesser chance of getting compensation from the state for spending time in jail. “Unless the courts start providing exemplary compensation immediately at the time of acquittal to the aggrieved, things will not improve”, said senior counsel KTS Tulsi.

In State of Punjab vs Des Raj, the plaintiff was doing business in food grains and was having a very good reputation. Then a food inspector was having ill-will against the plaintiff as he did not supply him one bag of rice free of cost. And due to that grudge, he falsely implicated the plaintiff. The prosecution was launched against the plaintiff on the basis of a False report made by the food inspector. The court subsequently acquitted the plaintiff on the grounds that the allegation was found to be false. After the acquittal the plaintiff filed a suit for recovery of damages for his malicious prosecution. The court held that the plaintiff was entitled to damages as the prosecution launched against the plaintiff was based without proper investigation and was totally malicious.

Hope it helps!

Regards,

Anusha Singh

1 Like

Aaqib Majeed Khan   19 October 2021

Thanks

Pradipta Nath (Advocate)     19 October 2021

Yes you can sue for it.

Advocate Bhartesh goyal (advocate)     20 October 2021

Yes, suit for malicious prosecution can be filed for claiming damages against complainant.

Dr J C Vashista (Lawyer)     21 October 2021

What are the facts of case, when / how the accused was acquitted ?

What is the advise of lawyer of the accused and your locus standi ? 


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