Scholarly Research Journal for Humanity Science & English Language , Online ISSN 2348-3083, SJ IMPACT FACTOR 2016 = 4.44, www.srjis.com UGC Approved Sr. No.48612, DEC-JAN 2018, VOL- 5/25
VICTIM EMANCIPATION THROUGH COMPENSATION: A STUDY WITH SPECIAL REFERENCE TO SECTION 357 OF CRPC Shaveta Gagneja, Ph. D. Asst. Professor, Faculty of Law, University of Delhi, Delhi. (Email id: shaveta_10@yahoo.com) Scholarly Research Journal's is licensed Based on a work at www.srjis.com
1. Introduction “Justice is that which upholds, nourishes or supports the stability of the society, maintains social order and secures the general well being and progress of mankind” Supreme Court of India Yeshwant Prabhu V.P.K Kunde AIR 1996, SC 1113 One area which is totally overlooked is the plight of the victims. It is a recent trend in the sentencing policy to listen to the wailings of the victims. Rehabilitation of the prisoner need not be by closing the eyes towards the suffering victims of the offence. A glimpse at the field of victimology reveals two types of victims. The first type consists of direct victims, i.e. those who are alive and suffering on account of harm inflicted by the prisoner while committing the crime. The second type comprises of indirect victims who are dependant of the direct victims of crime who undergo suffering due to deprivation of their bread winner. 1 The victims have right to get justice, to remedy the harm suffered as a result of crime. This right is different from and independent of the right to retribution, responsibility of which has been assumed by the State in a society governed by the Rule of Law. But if the state fails in discharging this responsibility, the State must still provide a mechanism to ensure that victim‟s right to be compensated for his injury is not ignored or defeated. Increasingly the intention of criminologists, penologists and reformers of criminal justice system has been directed to victimology, control of victimization and protection of victims of crimes. Crime often entails substantive harms to people and not merely symbolic
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Asst. Professor, Faculty of Law, University of Delhi, Delhi. (email id: shaveta_10@yahoo.com) State of Gujrat vs. Hon‟ble High Court of Gujrat (1998) 7 SCC 392
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