Restorative Justice In India: Concept, Evolution, And Jurisprudential Basis
- IJLLR Journal
- Jan 29
- 1 min read
Vivek Kumar Shukla, Research Scholar, B.S.A. College, Mathura, DBRAU, Agra
ABSTRACT
Restorative justice represents a shift away from traditional punishment in the criminal justice system. It prioritizes healing, reconciliation, and the active involvement of everyone affected by a crime. In India, this paradigm has gained prominence, mirroring a reaction to calls for more empathetic and victim-cantered justice systems, thereby differentiating it from retributive justice. This study explores the theoretical foundations, historical development, and current use of restorative justice within India's legal system.
The study adopts a doctrinal method of research, scrutinizing legal provisions, key judicial decisions, and policy frameworks, with a comparative global perspective. The findings of the research indicate that while the principles of restorative justice are already incorporated into traditional Indian methods of dispute resolution and are reflected in contemporary legal systems, their practical application is bedevilled by systemic, legislative, and socio-cultural challenges. The findings of this study contribute to the existing debate by outlining the legal basis of restorative justice and offering policy recommendations for its successful integration into the Indian justice system.
Keywords: Restorative justice, criminal law, victim rights, Indian judiciary, jurisprudence, legal reform, reconciliation, alternative conflict resolution.
