- Research/Scholar Paper name – “Miscarriage of Justice”
- Author: Trisha Chaudhary
- Institution: ICFAI University, Dehradun
- Affiliation: Centre for Study of Contemporary Legal Issues
- Date of Publication: 11/07/2022
India is a big nation, and properly regulating it in all spheres is a major problem that necessitates much work on the part of the ruling authorities. When we talk about the judicial sector, which, without a doubt, is fully different from other organs of government and operates in its own circle. Every activity, including court rulings, cannot be performed with 100 percent precision. There have been several occasions where the judiciary has failed to administer justice to citizens, and when this occurs, the term “miscarriage of justice” is used.
Such a common phrase to read or hear, yet so difficult to stomach. Certain events may ruin a person’s life, one of which being being wrongfully condemned by a court ruling.
When such incidents of erroneous conviction are brought to the public’s attention, it leads to a breakdown in people’s faith in the courts, which is unquestionably bad for democracy’s ability to function.
These difficulties are not new to the people of our nation; in fact, we have been observing them for quite some time. A miscarriage of justice occurs when an innocent person is wrongfully convicted while the guilty person escapes punishment. Is it beneficial to a democracy? A person’s entire existence is jeopardised. Certain incidents of miscarriage of justice have been seen, and some of them are detailed here. This is not just witnessed in India, but all throughout the world. This is a key issue that must be avoided in order to maintain public faith in the court, which is necessary for the smooth operation of such a vast country in terms of population. If the following steps are taken, such incidents can be avoided. The court is the foundation of democracy, and everyone participating in it should work hard to ensure that it runs smoothly.