Realizing Restorative Justice through Compensation: Bridging the Rights of Victims and the Financial Capacities of the Accused in the Indian Criminal Justice System

The Indian Criminal Justice System, while historically rooted in retributive principles, has increasingly acknowledged the significance of victim’s rights and restorative justice. Court- ordered compensation to victims stands as a vital mechanism in this evolving context. However, the practical implementation of this right often faces considerable hurdle, notably concerning the financial ability of the accused to provide adequate redress. This paper examines the existing legal framework for victim compensation in India, analyzing its strengths and weakness in achieving restorative justice objectives. It delves into the complexities of reconciling the rights and needs of victims with the reconciling the rights and needs of victims with the economic realities faced by many accused individuals. Through a critical analysis of relevant statutory provisions, judicial pronouncements, and socio-economic condition, this paper explores potential avenues to enhance the effectiveness of compensation as a tool for restorative justice. It proposes strategies that consider both the victim’s entitlement to redress and the accused’s capacity to pay, aiming to foster a more equitable and restorative criminal justice system in India.