Victimology Probation Of Offenders Act Fatal Accidents Act
- IJLLR Journal
- 6 days ago
- 1 min read
Yuvaraj D, LLM, The Tamil Nadu Dr. Ambedkar Law University
ABSTRACT
This study examines the evolving role of victims in the criminal justice system with a special focus on three interrelated domains—victimology, the Probation of Offenders Act, 1958, and the Fatal Accidents Act, 1855. Traditionally, criminal law emphasized punishment and state control, often overlooking the suffering, participation, and rights of victims. Victimology, as a developing discipline, shifts this paradigm by analysing victim experiences, vulnerabilities, and the need for compensation, rehabilitation, and procedural justice. The research explores the constitutional and statutory framework protecting victims in India, including provisions under the Criminal Procedure Code and judicial interventions that strengthen victim participation and compensation mechanisms.
The study further evaluates the reformative justice model under the Probation of Offenders Act, 1958, which aims to rehabilitate offenders, particularly first-time and minor offenders, without resorting to incarceration. It highlights how probation supports reintegration while preventing the adverse effects of imprisonment, and how this approach must be balanced with victim rights, emotional restoration, and community safety. Additionally, the research analyses the Fatal Accidents Act, 1855, which provides civil compensation to the legal representatives of persons who die due to wrongful acts or negligence. The Act’s principles of pecuniary loss, dependency, and future prospects are examined along with its judicial interpretation and relationship with modern compensation laws.
Overall, the study emphasizes the importance of integrating restorative justice principles, victim-offender mediation, and adequate compensation frameworks to ensure a fair and humane justice system that equally values victim rights and offender reform.
