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by Police - Bureau of Police Research and Development

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The Indian <strong>Police</strong> Journalbut also existed in developed sense in ancient Greek City-States. Theconcept <strong>of</strong> compensation was also not new to India as it existed ina more developed sense than the present one. Manu, for example,the assailant shall be made to pay the expense <strong>of</strong> the cure”. He furtheradds that he who damages the goods <strong>of</strong> another, be it intentional orequal to the damage caused. 3The penological reactions to crime have always been changing atdifferent stages <strong>of</strong> human civilization. A Number <strong>of</strong> theories have evolvedpertaining to ‘reaction to crime’, <strong>of</strong> which, the important ones are:(1) Retributive Theory, the object <strong>of</strong> which is satisfaction <strong>of</strong> society’sfeeling <strong>of</strong> vengeance, which the <strong>of</strong>fender’s criminal act hasevoked.(2) Deterrent Theory, which believes in exemplary punishment soas to deter the <strong>of</strong>fender from repeating his crime <strong>and</strong> at the sametime, setting an example for others to keep away from criminalactivities.(3) Preventive Theory, which lays greater emphasis on seggregation<strong>of</strong> the <strong>of</strong>fender from the society <strong>and</strong> bring out his reformation,while he is jail.(4) Reformative Theory, which seeks to eradicate criminality <strong>and</strong>criminal traits <strong>of</strong> the <strong>of</strong>fender <strong>by</strong> the process <strong>of</strong> his reformation<strong>and</strong> socialisation.It must be stated that in the early stages <strong>of</strong> civilisation, the law laid greaterstress on compensating the victim rather than punishing the <strong>of</strong>fender.In ancient India, Naradavictims <strong>by</strong> the <strong>of</strong>fender in order to expiate his sinful act, i.e. crime. Thevictim <strong>of</strong> crime <strong>and</strong> his family occupied a central place in sentencingpolicies <strong>of</strong> ancient time. However, with the evolution <strong>of</strong> the State<strong>and</strong> reorientation <strong>of</strong> Criminal Justice System, the victim's central rolechanged to a marginalized one.Problems in adjudicating Victim’s Compensation !The basic problem one has to face while dealing with the compensatoryaspect <strong>of</strong> victim <strong>of</strong> crime is whether the compensation for damagecaused <strong>by</strong> crime is an objective <strong>of</strong> the criminal process? A decision on44 January - March, 2013

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