ISSN: 2265-6294

RIGHTS OF CRIME VICTIMS FOR COMPENSATION

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Sathna Trivedi, Adarsh Kumar

Abstract

The provision of compensation which is being frequently used by courts of different countries and which is considered as new modern phenomena, is not correct but awarding compensation to victims had a long history. It was a compensation which distinguishes the civil law and criminal law. While the object of civil law is based on the principle of payment of compensation for private wrongs, as a remedy which is pursued through the apparatus setup by the state for that purpose, the system of criminal law functions on the principle of punishing the persons whose behaviour is morally culpable. In other words, the very goal of the civil law system is to provide compensation for private wrongs but whereas the system of criminal law aims at punishing the persons whose behaviour is morally capable . It means that purpose of civil is compensation and the purpose of criminal justice is punishing the wrongdoer. Now this very difference between civil and criminal law has been diluted and compensation is being awarded as a matter of right not in criminal law but also in constitutional law, environmental law and for violation of human rights etc

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