ISSN: 2265-6294

Exploring Jurisprudential Foundations Of Victim-Offender Mediation And Its Incorporation Under Indian Criminal Justice System

Main Article Content

Mr. Abhas Srivastava,Dr. Namita Jain

Abstract

Victims of offences feel progressively ousted and alienated by the justice delivery system. Victims abused by criminality are victimized additionally during the time spent getting justice. Outcome of justice process is also insufficient to cater justice to the victims. In no way it can be labelled as a system that does holistic justice to all stakeholders. The process of healing the victim from the imprints of offence is non-existent in our legal system. Justice system administering criminal justice are often referred to as curative systems but restoration of victim is neither an avenue of focus of the system nor it is in any way offered. A systematized and controlled dialogue between the victim and the offender that ensures that victim attains a sense of justice and offender realizes the guilt and takes the responsibility of the same. Traditionally, mediation is seldom used as a method of dispute resolution. In criminal law, the usage is almost negligible. In some traditions as a matter of custom and over past few decades in some countries, mediation between victim and offender has yielded good results. The idea of mediation is to develop an ecosystem where the victim is given an opportunity to articulate the impact of the crime upon him while at the same time allowing the offender to show repentance for act committed by him.

Article Details