Evaluating The Efficacy Of Restorative Justice Legislation In India In New Criminal Law: A Legislative Innovation Toward Restorative Justice
- IJLLR Journal
- Oct 2
- 1 min read
Ayush Anand, B.A. LL.B., Sardar Patel Subharti Institute of Law, Swami Vivekanand Subharti University, Meerut, U.P.
ABSTRACT
This research paper evaluates the efficacy of restorative justice legislation within the context of India's New Criminal Law, highlighting it as a significant legislative innovation aimed at transforming the criminal justice landscape. Restorative justice prioritizes repairing harm and fostering dialogue between victims, offenders, and the community, contrasting sharply with traditional punitive approaches. The study examines recent legislative reforms that incorporate restorative principles, analyzing their potential to enhance victim support, reduce recidivism, and promote community engagement. By utilizing qualitative and quantitative research methods, including interviews and case analyses, this paper investigates the practical implementation of these restorative practices across various regions in India. Findings reveal both opportunities and challenges in realizing the full potential of restorative justice. While many stakeholders express optimism about its benefits, issues such as insufficient training for facilitators, public misconceptions, and inadequate resource allocation hinder effective application. The paper concludes by offering strategic recommendations for strengthening restorative justice initiatives, advocating for greater awareness, training, institutional support and for policymakers to strengthen restorative practices, ensuring they complement existing legal frameworks and promote holistic justice. Ultimately, this research underscores the need for a balanced criminal justice system that embraces restorative principles alongside accountability, paving the way for a more equitable and effective legal framework in India.
Keywords: Offender Rehabilitation, Legislative reforms, Transforming Criminal Justice System, Restorative Justice
