Legal Question in Criminal Law in India

The police caught one person and alleged him a murderer. The person applied for bail, but it was rejected. So he was in jail custody. After more than 2 years Court gave him clean chit and then he released from the jail. It is good that he released from the jail. On the other hand, he lost his 2 valuable years, his reputation and recieved lots of pain.

Is he eligible for compensation? If so under which law (section), he can apply for the same?

Is court not responsible to provide the compensation at the time of giving clean chit?

Please provide me the information.


Asked on 4/11/12, 5:13 am

4 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

he can seek damages for malicious prosecution.

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Answered on 4/11/12, 8:57 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

he can file case for defamation with malicious prosecution.

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Answered on 4/11/12, 11:11 pm
KAMAL GROVER

yes you can file case and demand for compensation.

Regards

[email protected]

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Answered on 4/12/12, 9:03 am
Shrichand Nahar S.V.Nahar, Advocate

If it is a case of malicious prosecution, then he may file a suit for compensation.

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Answered on 4/15/12, 2:14 am


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