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As in China, many of India’s remedied wrongful convictions involved police-induced false confessions. They likely reveal only a small “tip of the iceberg,” given the many missing remedied wrongful convictions found in other jurisdictions. Indian appellate courts are not reluctant to overturn convictions in part because of the absence of jury trials. India’s record of remedied wrongful convictions supports the abolition of the death penalty, with no exception for terrorism cases. Criminal laws enacted by the Modi government at the end of 2023 have increased the risk of wrongful convictions by, for example, increasing police custody, forensic investigations and restricting executive clemency. The 2023 laws did not implement the 2018 Law Commission recommendations to provide compensation for both the wrongfully detained and the wrongfully convicted, even though three-quarters of prisoners in India are awaiting trial.. Finally, possible futures for innocence projects and innocence movements in India are explored, with attention to the need to be sensitive to local conditions.
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