Victim’s Rights And Compensatory Jurisprudence

Nidhi, LLM, SRM University, Sonipat

ABSTRACT

The evolution of criminal law reflects a significant shift towards compensating victims of wrongful acts, which was integral to early legal systems. Initially, retribution or "blood money" was common, allowing victims to seek monetary compensation instead of pursuing revenge. Mosaic law, ancient Greek and Roman Penal Codes, and Anglo-Saxon England emphasized compensation for crimes like theft, assault, and defamation. However, with the rise of state and ecclesiastical power, compensation became secondary to punitive measures. In modern times, penal reformers such as Lombroso and Garofalo advocated for victim compensation, influencing the development of compensation schemes in various countries. India, despite its rich legal history, lacks comprehensive legislation for victim compensation. The Criminal Procedure Code and the Probation of Offenders Act provide some avenues for compensation, but these measures are often inadequate. Recent amendments, like Section 357A of the Criminal Procedure Code, aim to address these gaps by mandating state-funded compensation schemes. Nevertheless, consistent implementation and recognition of victim rights remain challenges within the Indian legal system.

Keywords: criminal law, victim compensation, legal systems, Penal Code, India