Theories Of Restorative Justice And Their Application Today
- IJLLR Journal
- 2 days ago
- 1 min read
Fathimabee M, Assistant Professor in Centre of Legal Education – Sri Manakula Vinayagar Engineering College (SMVEC), Puducherry
ABSTRACT
Restorative Justice has gained increasing recognition as a humane and participatory alternative to the traditional retributive model of criminal justice. While conventional systems focus primarily on punishment, restorative justice seeks to repair harm by promoting dialogue, accountability and reconciliation between victims, offenders and the community. This paper critically examines the major theoretical foundations of restorative justice, including communitarian, reparative, transformative and victim-offender mediation approaches and evaluates their relevance in contemporary criminal jurisprudence. The study analyses how restorative principles are reflected in modern legal frameworks, particularly within the Indian context through provisions relating to compounding of offences and negotiated settlements under the Bharatiya Nyaya Sanhita, 2023 and procedural mechanisms under the Bharatiya Nagarik Suraksha Sanhita, 2023. Further, the paper explores the incorporation of restorative elements in juvenile justice administration under the Juvenile Justice (Care and Protection of Children) Act, 2015. By analysing contemporary applications, including community mediation and correctional reforms, the study assesses the potential of restorative justice to enhance victim satisfaction, reduce recidivism and promote social reintegration. At the same time, it addresses critical challenges such as power imbalances, suitability in serious offences and institutional limitations. The paper concludes that restorative justice operates most effectively as a complementary model that strengthens, rather than replaces, the formal criminal justice system in the modern era.
Keywords: Restorative Justice; Criminal Law Reform; Bharatiya Nagarik Suraksha Sanhita; Victim-Offender Mediation; Rehabilitation.
