Vanishing Themes of Indian Victim Compensation Law: An Exploration
| Author | Unanza Gulzar |
| DOI | 10.1177/2516606919838638 |
| Published date | 01 October 2019 |
| Date | 01 October 2019 |
| Subject Matter | Articles |
Vanishing Themes of
Indian Victim
Compensation Law:
An Exploration
Unanza Gulzar1
Abstract
Reorganization towards a restorative criminal justice scheme in India was under-
taken based on an amendment made to the Criminal Procedure Code (CrPC)
of 1973 in 2008. The said amendments were conceded by the Government of
India in order to advance the country’s antiquated criminal laws. However, the
main problem was keeping the definition of victim stagnant when, in fact, changes
relating to victim and, further, reorganizing obsolete laws which have connec-
tion with the laws relating to compensation to victims continue. Unfortunately,
another difficulty was that the existing laws on determination of victim compen-
sation leave it to the sole discretion of authorities provided under the CrPC. This
article highlights that the provisions in the CrPC after the new changes are more
general in their attitude of addressing predicament of victims. Yet the irregularity
with which the sections are appealed by the judiciary in an effort to accomplish
victim fairness and lessen the griefs of the victim would reduce these laws as futile
and be the dwindling theme of victim compensation laws in India. Moreover, this
article emphasises that some minor developments which occurred in the field of
compensation to victims have no doubt reduced an accused-oriented approach,
but at the same time there were still numerous lacunae left in this field. Last but
not the least, the article focuses on the interface between victim compensation
laws and evaluation of victim compensation–amended laws.
Keywords
Compensation, CVCF, LAW, vanishing point, victim, victimology
Article
Journal of Victimology
and Victim Justice
2(2) 226–235, 2019
2019 National Law
University Delhi
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DOI: 10.1177/2516606919838638
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1 School of law, The NorthCap University, Gurugram, Haryana, India.
Corresponding author:
Unanza Gulzar, School of law, The NorthCap University, Sector 23-A, Gurugram, Haryana 1220117, India.
E-mail: unanzagulzar@ncuindia.edu
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