Right to Compensation Under Constitutional Scheme in India

Compensation refers to the financial relief afforded to an individual whose rights have been infringed. Usually money, granted to someone in acknowledgment of loss, suffering, or injury. It serves as a remedy in civil lawsuits. In the context of criminal cases, the primary focus is on punishing the offender to create a deterrent effect for both the offender and society. Generally, in a criminal case, the victim gains little from the punishment of the offender beyond the reassurance that their rights were defended. Awarding compensation in specific criminal cases as mandated by legislation to achieve justice. Recent legislative advancements and judicial responses to compensation provisions demonstrate that the importance of compensation is now fully acknowledged within the framework of criminal justice. Various laws, including the Constitution of India, the Law of Torts, the Criminal Procedure Code, and many other laws, stipulate the payment of compensation to individuals whose rights have been compromised. Additionally, The UN Declaration of Basic Principles of Justice for the Victims of Crime and Abuse of Power, established in 1985, marked a significant milestone in promoting the pro-victim movement. This declaration includes sections addressing victims’ access to justice, their right to fair treatment, restitution, compensation, and support for those affected by crime. In this article, authors will explore these laws briefly to enhance understanding of the nature, scope, and calculation of compensation.