Author
Prof G S Bajpai
Organisation/Institution
National Law University, Delhi
Country
INDIA
Panel
Criminal Law
Title
Labeling the Innocent: A Criminological Analysis of Wrongful Prosecution
Abstract
Background/purpose: Wrongful prosecution constitutes a grave injustice as the individuals involved are subjected to criminal proceedings despite a lack of apparent culpability. While wrongful prosecutions may follow, acquittals in the end, the damage that is caused by such prosecutions is beyond repair, as it goes beyond the loss of liberty but also a loss of livelihood, loss of familial support, damage to reputation and emotional trauma that is unimaginable. Labeling theory, rooted in symbolic interactionism, argues that deviance is not inherent in the act but socially constructed through institutional responses. Methods: This paper employs labeling theory, a critical criminological framework, to understand the implications of wrongful prosecution and by examining doctrinal insights from Indian jurisdictions, the analysis demonstrates how the very act of accusation and subjection to legal processes functions as a form of punishment. Findings: Wrongful prosecution, when analysed through the lens of labeling theory, highlights how people who are accused and wrongfully prosecuted are labelled as wrongdoers, a label that overshadows all other aspects of their identity and a label that is not erased even with their ultimate acquittal. The attachment of criminal labels to the innocent man who had been wrongfully prosecuted leads to secondary deviance as they internalise stigma and encounter exclusion in employment, education, and social relations. The process, rather than the outcome, becomes the punishment. Conclusions: Labeling theory thus shows how wrongful prosecution is embedded in broader systems of power and inequality, perpetuating cycles of stigmatisation and social exclusion. Without addressing the dynamics of labeling, wrongful prosecution will continue to function as a hidden yet systemic instrument of social control.
Biography
Prof. (Dr.) G.S. Bajpai serves as the Vice-Chancellor of National Law University Delhi. He is equipped with more than thirty years of professional experience as an author, researcher, teacher and administrator. He served as the Convenor of the Committee for Reforms in Criminal Laws set up by the Ministry of Home Affairs, Government of India, tasked with spearheading historic reforms in Criminal Laws in India. The Ministry of Consumer Affairs, Govt. of India has nominated Prof. G.S. Bajpai as a Member of the Committee for conferring statutory status to the 'Right to Repair' under the statutory framework of the Consumer Protection Act, 2019. Prof. Bajpai has authored twenty-two books/monographs, more than sixty papers, over a hundred op-eds in leading dailies like Indian Express, the Hindu and the Tribune and thirteen project reports. Prof. Bajpai has held many prestigious international assignments for advanced criminal law and criminal justice research. Prof. Bajpai also serves as the Vice President of Victim Support Asia and the President of the Indian Society of Victimology. He is the first Indian to be elected as the Secretary General of World Society of Victimology and held the Office of Secretary General at World Society of Victimology from 2018-2023. Prof. Bajpai is credited with designing and pioneering the expression 'Critical Criminal Law ' in India, which is now a LL.M. Course in many universities. Besides, he is also credited to have conceptualized the novel paradigms of "Victim Justice", "Victim Jurisprudence" and "Wrongful Prosecution" in the Indian context.
