The Procedural Law And Criminal Justice

2979 WordsOct 15, 201412 Pages
In its quest for a just and fair trial of an accused, CJS in India not only guarantees certain safeguards to, and confers a set of rights — constitutional and statutory - on an accused but also rigorously implements, with utmost zeal for reformation and re-socialisation of offenders, its penal system. However, it does not exhibit its equal concern to victims of crime when it comes to re-compensating them for the 'loss ' incurred or physical, mental or emotional `injury ' sustained by them. There is neither a comprehensive legislation nor a well-designed statutory scheme or a policy statement in India either allowing a crime victim to seek compensation from offender and/or State or to participate. as a matter of right, in the CJDS and criminal justice process. He does not have any material say in the matters pertaining to investigation of the crime, trial and sentencing of the offender. Nevertheless, a careful look at a few statutory provisions of the substantive criminal law (the Indian Penal Code, 1860), the procedural law (the Code of Criminal Procedure, 1973), and a lex specilli (the Probation of Offenders Act, 1958) discloses that a few sections contained therein can be invoked to compensate victims of crime and thereby to render, to some extent, 'justice ' to victims of crime. we have, here below, attempted to have an insight into these statutory provisions and thereby to sketch the victim-justice-oriented legislative paradigm and to evaluate its efficacy in
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