preview

Public Security, Human Rights And Governmental Accountability

Decent Essays

The assumption that by punishing the offender the victim receives 'justice’ is of dubious value today because of the decreasing number of successful investigations and the still smaller number of convictions in the criminal justice system. If the victim gets back his lost property he is lucky; if he is not harassed and humiliated in the investigative and trial procedures he should thank his stars. Given the sickening delay, corruption and technicalities in proof, many victims tend to keep away from reporting crimes and sometimes take recourse to private vengeance. Either way, the criminal justice system suffers in not being able to prevent crimes or to punish the guilty when crimes occur in society. The long-term implications of the …show more content…

(ii) Victims to be informed of their rights in seeking redress through such mechanisms.
(iii) Informal mechanisms for the resolution of disputes to be utilised to facilitate conciliated redressal of victims ' grievances.
(iv) Offenders should make fair restitution to victims (or their families or dependents) and restitution should be part of the sentencing in criminal cases.
(v) When compensation is not fully available from the offender or other sources. State should provide monetary compensation to victims who suffered serious physical or mental injury for which a National Fund should be set up.
2.2 VICTIM COMPENSATION AND LAW IN INDIA
The Criminal Procedure Code, 1973 (CrPC) has for long recognised the principle of victim compensation. Section 250 authorises Magistrates to direct complainants or informants to pay compensation to people accused by them Without reasonable cause. Again Section 358 empowers the court to order a Person to pay compensation to another person for causing a police officer to arrest such other person wrongfully. Finally, Section 357 enables the court imposing a sentence in a criminal proceeding to grant compensation to the and to order the payment of costs of the prosecution. However, this is at the discretion of the sentencing court and is to be paid out of the fine recovered.
Though the principle underlying Section 357 of the CrPC is very much the

Get Access