International Journal For Multidisciplinary Research

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FROM PAST TO PRESENT: THE EVOLUTION OF VICTIM COMPENSATION IN INDIA'S CRIMINAL JUSTICE SYSTEM

Author(s) Ms. Harshita Jain
Country India
Abstract India's criminal justice system's evolution of victim compensation demonstrates a notable shift from an offender-centric to a victim-centric framework. Indian criminal law has always placed a strong emphasis on punishing offenders, with little to no attention paid to the rehabilitation of victims who have experienced financial, psychological, or physical injury. One significant change was the addition of Section 357A to the Criminal Procedure Code, 1973 (CrPC), which required State Governments to work with the Central Government to establish a Victim Compensation Scheme. Although the goal of this provision was to give victims financial support and relief, its execution was hampered by uneven state-by-state application, lengthy bureaucratic processes, and no judicial control. The implementation of Section 396 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) represents a better organised and effective method of victim compensation. The BNSS aims to improve access to justice for victims of crime and eradicate past inefficiencies by giving courts more power to propose and guarantee the prompt payment of compensation. In keeping with the ideas of restorative justice, the law also places a strong emphasis on state-funded financial assistance, rehabilitation programs, and psychological support. Despite these advancements, challenges such as fund allocation, awareness among victims, and monitoring mechanisms remain crucial areas for further reform. This paper examines the historical development, legislative reforms, and contemporary challenges of victim compensation in India, emphasizing the need for a holistic, victim-centric justice system that prioritizes restoration and rehabilitation alongside punitive measures.
Keywords Victim Compensation, Criminal Justice, Bhartiya Nagarik Suraksha Sanhita, Restorative Justice, Rehabilitation
Published In Volume 7, Issue 2, March-April 2025
Published On 2025-04-26
DOI https://doi.org/10.36948/ijfmr.2025.v07i02.42735
Short DOI https://doi.org/g9gvgf
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