From Harm To A Path Of Healing: Exploring The Compensatory Jurisprudence In India

Shawni Banerjee, LL.M, Kazi Nazrul University, Asansol, West Bengal

ABSTRACT

This paper undertakes a details exploration into Compensatory Jurisprudence within the Criminal Law Justice system in India. From unveiling its historical evolution, conceptualizing the context of victim compensation, illuminating the legislative frameworks surrounding the compensatory law in India, further it delves into judicial interpretation that contributes in shaping the compensatory approach, this study navigates through a comprehensive journey. Tracing the historical roots of deterrent philosophy in criminal justice system and unearthing the current trends over the world of paradigm shift towards the victim-centric approach more precisely the victim justice and victimhood, this study underscores the significance of compensatory jurisprudence that fosters a balanced approach recognizing the rights of the victim on one hand and ensuring due process for the offender on the other. This study brightens up the dynamics of compensatory law in India.

Keywords: Compensation, Victim, Offender, Social Justice, Criminal law