Victim Compensation
Victim Compensation:
Introduction
• Initial focus was only on the aspect of punishment
• Now focus started shifting when encountered with the fact that the person who is victim of crime is getting nothing out of the whole process of criminal justice system or is getting a so called satisfaction by seeing the offender punished
• Therefore Jurists, penologists etc in all countries started giving their full attention to the cause of victim in form of compensation
• Hence the whole debate started about ways, means and extent of compensation
• This topic is an addition to the same as it tries to look in to the position of compensation to victim of crime in Indian legal frame work
Definition of Victim
• Indian legislature has not bothered to define “VICTIM” under any law and probably the Indian judiciary is also in the same footing
• As per UN General assembly declaration, ‘Victim’ means a persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of other fundamental rights
Definition of Compensation
• Anything that compensates or is given to compensate (for: a counter balancing feature or factor; amends, recompensates specific amount of money given to compensate loss or injury, or for the requestioned property
Evolution of the concept
• Hammurabis code
• Ancient Greek city
• According to Manu
– If limb is injured, a wound is caused or blood flows, the assialant shall be made to pay the expense of the cure or the whole
– He who damages the goods of another, be it intentionally or unintentionally, shall give to the owner a kind of fine equal to damage
Victim Compensation
• Victim can get compensation in cases in which the Court finds it necessary
• The compensation can be recommended even in cases where the trial ends in acquittal or discharge, provided there is a need
• A Victim of crime has hardly any guaranteed right except
Introduction
• Initial focus was only on the aspect of punishment
• Now focus started shifting when encountered with the fact that the person who is victim of crime is getting nothing out of the whole process of criminal justice system or is getting a so called satisfaction by seeing the offender punished
• Therefore Jurists, penologists etc in all countries started giving their full attention to the cause of victim in form of compensation
• Hence the whole debate started about ways, means and extent of compensation
• This topic is an addition to the same as it tries to look in to the position of compensation to victim of crime in Indian legal frame work
Definition of Victim
• Indian legislature has not bothered to define “VICTIM” under any law and probably the Indian judiciary is also in the same footing
• As per UN General assembly declaration, ‘Victim’ means a persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of other fundamental rights
Definition of Compensation
• Anything that compensates or is given to compensate (for: a counter balancing feature or factor; amends, recompensates specific amount of money given to compensate loss or injury, or for the requestioned property
Evolution of the concept
• Hammurabis code
• Ancient Greek city
• According to Manu
– If limb is injured, a wound is caused or blood flows, the assialant shall be made to pay the expense of the cure or the whole
– He who damages the goods of another, be it intentionally or unintentionally, shall give to the owner a kind of fine equal to damage
Victim Compensation
• Victim can get compensation in cases in which the Court finds it necessary
• The compensation can be recommended even in cases where the trial ends in acquittal or discharge, provided there is a need
• A Victim of crime has hardly any guaranteed right except