Author(s): Monika Madaan and Arryan Mohanty

Abstract: The progression of victim compensation laws represents a crucial transformation in legal frameworks from a retributive approach that concentrates solely on punishing offenders to a more equitable and restorative method that prioritises the rights and rehabilitation of victims. This paper investigates the legislative and judicial structures surrounding victim compensation in India, mainly under the Bhartiya Nagarik Suraksha Sanhita 2023, the Protection of Children from Sexual Offences (POCSO) Act, and other relevant laws. It thoroughly evaluates the functions of state and central victim compensation schemes, the effectiveness of their implementation, and the difficulties arising from inconsistencies among jurisdictions and delays in payments. To provide a comprehensive perspective, the study conducts a comparative analysis with selected international jurisdictions such as the United Kingdom and the United States, assessing how these systems organise compensation schemes, establish eligibility, and guarantee swift assistance to victims. The paper highlights exemplary practices in the UK and the US & evaluates their relevance to the Indian context. By contrasting these different models, the research pinpoints areas that require reform and advocates for a legal framework in India that is more focused on the needs of victims, emphasising the necessity for uniformity, prompt aid, and organisational accountability. The study concludes with recommendations to improve victim compensation mechanisms through legal reforms, increased public awareness, and international policy learning, ultimately seeking to create a more inclusive and reparative justice system for crime victims.

Pages: 118-130 | Views: 584 | Downloads: 365

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