by Police - Bureau of Police Research and Development
by Police - Bureau of Police Research and Development
by Police - Bureau of Police Research and Development
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The Indian <strong>Police</strong> Journalthis point is equally important when the court imposes on the <strong>of</strong>fender to the victim. The real problem for the adjudicating authorities is todecide as to which <strong>of</strong> these obligations, should take precedence overto satisfy all <strong>of</strong> them. It becomes all the more necessary, because<strong>of</strong>fenders <strong>of</strong>ten tend to be poor. However, the <strong>of</strong>fenders charged witheconomic <strong>of</strong>fences obviously have the capacity to compensate <strong>and</strong>,therefore, there is no problem in ordering them to pay compensationto the victim <strong>of</strong> their crime.Restitution to crime-victim involves two basic obligations - an property; <strong>and</strong> an obligation <strong>of</strong> the State, which failed to protect thevictim. State’s obligation is much more important, because it is theduty <strong>of</strong> the State to provide effective security to its people againstcrime <strong>and</strong> criminals. ln most <strong>of</strong> the modern democracies, State hastaken to itself the responsibility <strong>of</strong> protecting its citizens against crimes emergence <strong>of</strong> compensatoy jurisprudence in the realm <strong>of</strong> CriminalJustice System, the age-old practices <strong>of</strong> retribution, expiation etc., havebecome redundant <strong>and</strong> obsolete. 4Compensatory Relief to VictimsThe insistence <strong>of</strong> modern Criminal Justice System is on restorativejustice to the victims <strong>of</strong> crime. lt is a different approach to crime,which seeks to redress the harm caused to victims <strong>and</strong> reducingfuture harm <strong>by</strong> preventing crime. Restorative justice is a process,where<strong>by</strong> all the parties with a stake in a particular <strong>of</strong>fence cometogether to resolve collectively how to deal with the aftermath <strong>of</strong> the appropriate reparation is decided through a process <strong>of</strong> negotiationinvolving not only the <strong>of</strong>fender <strong>and</strong> the victim, but also therespective families <strong>and</strong> social networks, who have also been harmed<strong>by</strong> the criminal act. The ultimate aim <strong>of</strong> restorative is ‘healing’ thewrong done. The harm done to the victim is redressed <strong>by</strong> makinggood the damage caused, the <strong>of</strong>fender can be reconciled withthe victim <strong>and</strong> reintegrated back into his/her social <strong>and</strong> familialnetworks. Such reconciliation <strong>and</strong> reintegration helps in restoringthe societal harmony.January - March, 201345
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