Embracing Mediation In Criminal Law: Promotion Of Alternative Resolution In Indian Criminal Courts
- IJLLR Journal
- Jan 29
- 1 min read
Pradeep Kumar Bharadwaj, Research Scholar, Department of Law, Koneru Lakshmaiah Education Foundation, Green Fields, Vaddeswaram, Guntur, Andhra Pradesh, 522302.
Dr. Megha Ojha, Associate Professor, Department of Law, Koneru Lakshmaiah Education Foundation, Green Fields, Vaddeswaram, Andhra Pradesh, 522302.
ABSTRACT
This article reconnoitres the possibility of mediation as corresponding development to discharge the accused from criminal charges and settle the offence through an alternative dispute resolution mechanism. It is a restorative justice approach whereby the neutral third party appointed as Mediator enables communication between the parties to a criminal case, essentially the victim and the victimizer. The desire is to unearth the mutually acceptable resolutions that resolves the harm caused to the victim and encourages the reformation of the accused causing the harm to the victim. This article highlights the concept of restorative justice and contemplates the scope of mediation as an alternative dispute resolution mechanism in criminal justice system in India.
The process of mediation has grown significantly in civil disputes and hoping the same to emerge in criminal cases. This abstract is an attempt to explores the deeper concepts of mediation to identify its potential for applying them in the criminal cases to augment rehabilitation of the criminal and for restoration of the harm caused to the victim. The article shall effort to inspire the probable benefits of integrating mediation to augment rehabilitation efforts, reduce re-offense and compensate the sufferer effectively.
Keywords: Criminal Justice, Mediation, ADR mechanism, Discharge, Restorative Justice.
