The Calcutta Law Journal Short Notes of Cases Articles & Other Matters April 1 1913

In general the statutes recognize the obligation to accord satisfaction for the moral injury by providing for the publication of the decree of acquittal at the domicil of the accused at the jurisdiction of the appellate Court and at various other places which presumably will aid the accused to obviate and allay anyVot. [...] Sweden requires tffat the claim shall be addressed to the King and shall be examined by the Minister of Justice who is to pass upon the justice of the claim and the amount of the indemnity. [...] In Austria the trial Court pronouncing the acquittal makes an official enquiry into the facts on which the claim for indemnity is based and the sealed documents with an opinion of the Court are then laid before the Minister of Justice who in turn fixes the amount of the award. [...] On the basis of the findings of the highest Court the Minister of Justice fixes the amount of the indemnity. [...] While it is true that our lax methods of administering the criminal law the possibility of acquittal on technical grounds and the requirement of unanimity on the part of twelve jurymen bring about nine cases of unjust acquittal to one case of unjust conviction still the mere rarity of the occurrence is no excuse for a failure to acknowledge the principle and to remedy the evil.