THEORIES OF PUNISHMENT

Topic:- A Critical Analysis on Compensatory Theory of

punishment
(A Project submitted towards the partial fulfillment of the course B.com., LL.B (Hons.) in
the academic year 2020-2025)

Final draft
SUBJECT: Law of crimes
SUBJECT CODE: 10BC0305

Submitted by :- Lisa mathakiya Submitted to:- MR. Kripal Gadhvi

Roll no :-92001041010 Assistant professor of law

Stream :-B.com llb Faculty of law, Marwadi university

SEMESTER :-3

FACULTY OF LAW , MARWADI UNIVERSITY

RAJKOT , GUJARAT
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 Table of Contents

1. INTRODUCTION TO THEORIES OF PUNISHMENT .....................................................................................6

1.2 INTRODUCTION TO THE CONCEPT OF COMPENATAORY THEORY ........................................................7

1.3 HISTORICAL BACKGROUND OF COMPENSTAORY THEORY ....................................................................8

1.4 Who is the victim of crime ? ....................................................................................................................................9

2. Laws governing compensation of victims of crime in India ........................................................................... 10

2.1 -Compensation Under Code of Criminal Procedure, 1973 .................................................................................... 10

2.2 TREATMENT OF A VICTIM OF CRIME ............................................................................................... 13

2.3 When is the compensation to be provided? ................................................................................................ 13

2.4 Central Victim Compensation Fund Scheme ............................................................................................. 14

3.Laws governing compensation of victims of crime in India ................................................................................. 16

3.1 Compensation related to the Constitution injuries ..................................................................................... 16

3.2 Article 32 And Remedy of compensation .............................................................................................................. 16

4. Conclusion .......................................................................................................................................................... 20

5. BIBLIOGRAPHY ............................................................................................................................................... 22

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 1. INTRODUCTION TO THEORIES OF PUNISHMENT

➢ Each society has its own system of social control in which it sets certain rules and states
sanctions with them. These sanctions are nothing but punishments. 'The first thing is mention in
relation to the meaning of the penalty is the ineffectiveness of descriptive barriers is intended to show
that one or more of the proposed reasons for punishment would be reasonable insert or remove
mentally unnecessarily. 'Punishment has the following features: It involves the deprivation of certain
common rights, or other considered measures-unpopular.
1. It is the result of a crime.
2. It is used against the author of the case.
3. Using a program framework that made the action a crime.

➢ The types of punishments given are certainly influenced by the type of community in
which a person lives. Or in ancient times the punishment was severe as fear was considered the first a
crime prevention tool. But with the passage of time and the growth of the human mind I Ideas of
punishment have been tolerant of these criminals. Solid removal ideas of punishment in modern
society seem to be loosening the grip of prisoners. The current situation also proves the opposition to
the tax penalty as inhumane, even though it was a great way to punish criminals in the past. But it can
also be saved until recently.
➢ Since punishment is usually given in the Criminal Law it is important to know what a
crime or crime is. Here the researcher would like to quote Salmond's explanation
Crime:-Crime is an act that is considered legal as harming the whole community even though it is
urgent the victim may be one person. "He reaffirms his position next depicts that the murderer injures
especially a particular victim, but his negligence is clearly Human life puts you beyond the issue of
compensation between the killer and the victim's family.

➢ It is therefore very important on behalf of the community to punish offenders. Punishment

can do it used as a means of teaching incidents of criminal behavior or prevention who may be guilty
of criminal misconduct or paralyzing or preventing them from repeating the crime or transforming
them into law-abiding citizens.

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 ➢ Punishment ideas, contain policies in general in relation to the views of punishment:
Punishment, whether legal or divine, needs to be addressed. Because legal redress punishment has
been given more consideration by philosophers than the reason for that divine punishment by
theologians, philosophical concepts and ‘ideas of punishment’ (e.g. correction) will be used as a basis
for looking at divine punishment.

➢ This punishment was often called a means of public protection. Proximity to

punishment in many other ways, including legal dispossession rights are often recognized.
Adjustment of these measures in some cases may be the case it is a controversy, but it does not cease.
An attempt to punish is the same justification Punishment in respect of other Compulsory measures
imposed by the state does not mean include some perspective on issues of prevention, rehabilitation or
physical disability. Obviously, a correction in defense obliges us to hold that punishment is effective in
preventing public injury in one of these ways.

➢ As punishment usually punishes the guilty mind it is very important on the part of
researcher what exactly crime is. In today's world the big question posed by most the penologist how
far the ‘human’ methods of Punishment are as variables they have achieved their goal. It seems that
prisons have become a breeding ground for criminals not as a place of change as it should be.

1.2 INTRODUCTION TO THE CONCEPT OF COMPENATAORY

THEORY

Crime is on the rise in modern times, but criminal justice is still in place they are often
unsatisfactory from the point of view of the victims of crime. Basic item for Criminal Justice to protect
the public from crime and to punish the offender. However, The Criminal Justice System shows no
equal concern for those who have been victims of crime, are lost or injury. Satisfaction with victims of
justice is a punishment given to a criminal the purpose of punishment is not just to hide and convert
criminals but to protect the interests of the victims as well. To keep the law and order in society, a
civilized country does not do that allow the victim to take the law into their own hands to punish the
perpetrator/Wrongdoer or to restore the loss abuse or injury. traditionally, the Criminal Administration
of Justice assumed that the victim's claim is sufficiently satisfied with the conviction and sentence of
the offenders. However, in the current context the criminal law that pays as a new part of criminal law
is accelerating development as it serves two purposes, firstly, the victim does not forget In terms of

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criminal justice system and secondly, the convicted defendant is made to see that he is liable to those
he is hurt by his actions. Naturally, movement is growing in different countries, including ours, so that
re-examine the compensation problem or victim's compensation.

1.3 HISTORICAL BACKGROUND OF COMPENSTAORY THEORY

➢ In the evolution of criminal law, the concept of compensation for the victim of error has
played a major role in many legal systems. In the first law, the injured person or relatives of another
execution can return the same vengeance to the wrongdoer. It was later accepted that blood money can
be paid instead of following a blood dispute, even if the injured person or relative is still present by
law the option of taking money or taking blood for certain offenses is legal. The goal of Compensation
for victims of crime has taken a prominent place in the penal Codes of ancient Greece and Rome.
Roman Law has specified the continuous increase in the amount of payments according to crime
category. Apart from theft ,libel , assault and trespass and other offenses are compensation was
payable.
➢ The illegal system of compensation is considered important in the Anglo Saxon Era. The
‘Anglor- Saxons 2’ initially systematically used cash payments in the form of damages or
compensation to victim of wrongs . In Anglo Saxon England the criminal had to pay compensation,
Wer or Bot to the victim or his relative and the inscription of the King or Feudal Lord. Money the
amount assigned to a person according to his position was' wer 'and compensation' wergild 'or' bott In
addition there was a wite. a fine imposed on the Lord /King or other public authorities as a fine having
broken the peace of the Lord/King.

➢ In the late middle years. but the compensation center began to fail, due to the simultaneous
growth of the Royal and Ecclesiastical powers which had a sharp contrast between tracks and crime.
'The illegal need for compensation for victims of crimes has been revived during the 19th century
Penal reform movement. Some philosophers of strict punishment encouraged compensation and
restitution. Bonneville emphasized "society liability "to the victim It is recommended that the Victim
of Crime should be properly compensated for the injury. He saw difficulty in handling such a proposal,
but his idea was that “the victim should be legal they are entitled to a portion of the proceeds of the
offense committed at the time of arrest ". Garofalo supported the idea of "forced restitution". He
thought the damage would be done a sufficient amount is not only sufficient for the full recovery of the
injured group but for coverage costs incurred by the state as a result of the reduction of the
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perpetrator/wrongdoer. If the offender s means sufficient his work should be given to the required
restitution. In the First Congress of Criminal Anthropology in Rome followed Garofalo's suggestion.
The Third International Juridical Congress in Florence (1891) also commended the establishment of
"Compensation Fund". Other western countries such as New Zealand (1963). Great Britain (1964), and
in the U.S.A (California, 1965) introduced a type of government-sponsored compensation organized
their criminal justice system at least in cases of human violence. n of the victims. In July 2009 the
judicial commission submitted its report to the Supreme Court of India for its consideration of pending
procedures filed by one Laxmi in W.P. (Cri.) No. 129 of 2006 dated "The inclusion of Acid Assault as
a specific offense in the Indian Penal Code and the law of Compensation for Victims of Crime. "The
Law Commission has suggested that there should be a separate Act proposed to deal with
compensation for acid attackers, rape, sexual assault, kidnapping etc. It has enacted a comprehensive
law to address the problems of victims of diversity cases need to be renewed and compensated in order
to survive.

1.4 WHO IS THE VICTIM OF CRIME ?

➢ Any person, group, or organization that has been injured, injured or lost as a result of the
illegal actions of others. Injuries can be economical, psychological, or physical.
➢ Therefore anyone who is seriously injured in a criminal offense is a victim.
➢ The person will be considered a victim even if the perpetrator is not identified or
prosecuted. The term victim also includes people who have been traumatized by helping
victims of trauma or preventing abuse.
➢ Not only the missing or injured person is the victim, but in some cases, there loved ones'
(family members) are also victims.

A. Can a victim of crime gets compensation in India?

➢ Yes. The victim can receive compensation in India. But there is a process that needs to be
followed.

B. How the compensation can be sought OR How to claim compensation?

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 ➢ The compensation has to be ordered by the court. Compensation can be sought through the
procedure established by the court. Compensation is awarded for material as well as non-
material damages.

➢ Material damages include medical expenses, loss of livelihood, etc. Non-material damages
include pain, suffering, mental trauma, etc. In criminal cases, the victims can directly apply
for the compensation, and it is the duty of the lawyer representing the victim to demand
such compensation.

2. LAWS GOVERNING COMPENSATION OF VICTIMS OF CRIME

IN INDIA
➢ In India, the Legislature and the judiciary have taken steps to gradually improve what is
needed regulations by which compensate ion can be paid to victims of crime. The legislature
has done it by enacting different types of laws, namely, General Laws and Special Laws.2 The
judiciary on the cases decided on it develops a set of terms that they will present a redress
where the law is not enough to provide a solution to the victim of crime.
➢ In general, the general law regarding the payment of compensation to victims of crime
particularly in the Code of Criminal Procedure, 1973 and Public Law i.e. the Constitution. The
where there is no provision for compensation to be provided to victims. While, only those
special rules that help to improve the current study are considered although there are many
rules regarding compensation. The following shows the methods of general laws relating to
compensation in the Indian justice system:

COMPENASTION UNDER GENERAL RULES

1. The provisions relating to compensation to victims of crime are contained in sections 357,
357(1), 357 (2), 357 (3), 357A, 358, 359 and 250 of the Code of Criminal Procedure, 1973.
2. Constitution of India also provides for certain safeguards to the victim of crime. Article 14
and 32 of the Constitution supports the argument.

2.1 -COMPENSATION UNDER CODE OF CRIMINAL PROCEDURE,

1973

➢ Where conviction and fine are part of the sentence Section 371
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Where the defendant is found guilty, and the court passes an order containing a fine for any sect,
the court may impose such a fine or any part thereof to be paid to the victim. The prescribed fine
is used to pay the victim of the fine in the following ways.

a. Compensation for expenses incurred during cases/litigation (357 1A)

➢ This is the most important freedom that a criminal victim should have. The costs of litigation
in India are highly controversial. The attorney is charging exorbitant fees. Finding justice
sometimes adds to the victim's burden. Instead of getting justice, the victim is trapped in a
beehive of a justice delivery system.
➢ The court is aware of this fact and, therefore, compensates the victim for the costs incurred
during the trial.

b. Compensation for loss or injury to be recovered by a civil court

➢ If the court is of the opinion that the compensation is beyond the jurisdiction of the court, the
court itself orders the appropriate court to look into the matter.
➢ In compensation of any person compensated for any loss or damage caused by the offense, in
which case compensation, in the opinion of the Court, may be reimbursed by that person in
the Civil Court.

c. Compensation in the event death

One may question the fact that,

1. Who is the victim of the death? Since the victim is already dead, who be compensated for the
crime?

➢ It is the victim's family. Think of the mental anguish they may have experienced.
Medical/Treatment costs incurred, costs during final procedures.
2. What if the deceased victim was the only family member's income?
➢ The Court is aware of such a situation. Therefore, the legislature and the judiciary tie their
hands together to do justice in full. Victims are entitled to compensation for the death
penalty. When any person is found guilty of creating an offense for the life of another person
or for committing such an offense.

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 d. Compensation for a criminal victim in cases such as theft, cheating, breach of
trust, etc.

➢ The crimes such as theft cheating breach of trust criminal misappropriation of court will
either tries to recover goods or in the case where the public is not possible then the court will
order for compensation for the price of such goods.

e. Compensation where the penalty is not part of the sentence

➢ A person convicted of such a crime may be ordered by a court to pay a sum of money to
compensate the victim of crime for any loss or injury. India's legal system is a victim friendly.
Victims' rights are kept at the top of the list.
➢ When the Court sets out a sentence, that penalty is not part of it, and if the court decides, it can
order the defendant to pay, in the form of compensation, the amount that can be specified for
that person who has lost or been injured as a result of the sentence.

f. Victim Compensation Scheme 357(A)

➢ In 2009, the central government provided guidelines to all states on how to adapt the program
to align with the Centre’s victims' compensation plan. The main purpose of the program is to
provide funding to compensate the victim or people who have relied on him or her who have
lost or been injured as a result of the crime and in need of redress.

g. Quantum of compensation under the scheme

3. It is a court which order that the victim needs to be compensated or not. Under the scheme,
whenever a Court is recommended for compensation, the District Legal Service Authority or
the State Legal Service Authority, as the case may be, determines the amount/quantum of
compensation to be awarded.

1. Condition of compensation where accused is not found guilty or culprits are not been
traced.
➢ When cases end up being acquitted or discharged then the victim has to rehabilitated so here
court may make recommendation for compensation.
➢ Where the offender is not tracked down or identified, but the victim is identified, and where a
trial is not possible, the victim or his or her dependents can apply to the State or the District
Legal Services Authority for compensation.
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2. Who is to provide compensation under this above scheme
➢ The State or the District Legal Services Council/Authority, after due diligence - will provide
adequate compensation for completing the investigation within two months.
➢ Also, it is the responsibility of Government or regional law enforcement agencies to provide
first aid or medical benefits to a victim free of charge at the expense of a police certificate.

2.2 TREATMENT OF A VICTIM OF CRIME

➢ All hospitals, public or private, whether owned by the Central Government, the State
Government, local organizations or anyone else, as soon as possible, will provide first aid or
treatment, at no cost, to victims of a crime committed under the law. in accordance with the
Indian Penal Code,
➢ 376 (Rape)
➢ 376A (intercourse by a man with his wife during separation)
➢ 376 B (sexual intercourse of a civil servant with a woman in his care), 376 C (Sexual
intercourse with the warden or home of the suspects), 376 D (sexual intercourse of any
member of staff of the hospital and any woman in that hospital) of the Indian Penal code.
➢ 376 C (Having sex with a prison warden or home of suspects)
➢ 376 D (sexual intercourse of any hospital staff member or any woman in that hospital) of the
Indian Penal Code

2.3 WHEN IS THE COMPENSATION TO BE PROVIDED?

3. As well as the work of the offender, it is also the duty of the government, to compensate the
victim. Compensation for the perpetrator can be provided:
1. At the end of the case. That is a court order.
2. If insufficient compensation is given by the lower court to the victim, the Court of Appeal
may increase the compensation.
3. Where a respondent cannot be tracked, it is the states responsibility to compensate the
victim of the crime.

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2.4 CENTRAL VICTIM COMPENSATION FUND SCHEME

➢ The Central Government in 2015 introduced the CVCF (central victim compensation fund)
program to compensate the victims. Each state has its own guidelines that determine the
process/procedure.
STEP 1 APPLYING BEFORE THE DISTRICT/STATE AUTHORITY
➢ An application can be made for temporary or final compensation. It can be applied to Victims
or their dependents or local SHO.
➢ The application must be submitted with a copy of the First Information Report (FIR), medical
report, death certificate, if applicable, copy of the decision / recommendation of the court
when the case is over, to the Government or the District Legal Services Authority

STEP 2 THE SCRUTINY STAGE .

➢ The District Legal Services Forum first verified the content of the claim. Direct loss,
injury, rehabilitations are to be consideration.

STEP 3 DECISION THE QUANTUM OF COMPENSATION TO BE GIVEN TO VICTIM

OF CRIME
The quantum of compensation to be given to victim of crime in the following ways :
➢ The gravity of offense and loss of the victim.
➢ Expenses of medical expenses incurred during treatment.
➢ Loss of life due to injury or trauma.
➢ Whether the crime was a single incident (eg Stealing) or a long-term one (eg multiple times,
Rape of women who is locked in the house.)
➢ That the victim became pregnant as a result of the act.
➢ In the case of death, age of the deceased, monthly income, number of dependents, lifespan,
future promotional / growth prospects etc.
➢ Any other matter that the Legal Service Authority may deem appropriate.

STEP 4 HOW TO RELEASE COMPENSATION

• The amount of compensation paid in that way will be determined by the relevant Act.

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 The amount of compensation paid in that way will be paid by the Legal Service Authority by
depositing the same amount in the National Bank in the joint or single name of the victim /
dependents.
Of such deposits, the same 75% (seventy-five percent) will be subject to a fixed deposit for a
period of three years.
The remaining 25% (25%) will be available for use and initial costs by the victim / dependents, as
the case may be.
In the case of a child, 80% of the amount of compensation awarded, will be credited to a fixed
deposit account and will only be deducted at the age of majority, but not before three years of deposit
Here is a list of the minimum compensation to be given to a victim of crime. This list is for
notification from central government on the CVCF program.

➢ Here is a list of the minimum compensation to be made to victims of crime. THIS

PROCESS IS INFORMED BY THE CENTRAL GOVERNMENT NOTICE IN
THE CVCF Scheme.

Note : If the victim is below the age of 14 then the amount of compensation will increased by 50%.

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 COMPENASTION UNDER GENERAL RULES

3.LAWS GOVERNING COMPENSATION OF VICTIMS OF CRIME

IN INDIA

3.1 COMPENSATION RELATED TO THE CONSTITUTION

INJURIES

➢ Article 32 of the Indian Constitution empowers the Supreme Court to issue an index or
order or to order or writ, including habeas corpus, mandamus, prohibition, quo-warranto
and certiorari, if applicable, enforcement of any of these rights provided by Part III of the
Constitution. The right to refer to the Supreme Court for appropriate measures to enforce
the rights granted to Part III is "guaranteed", that is, the right to refer to the High Court
under Section 32 for the enforcement of any rights granted in Part III of the Constitution
itself is a fundamental right.

➢ The remedy for financial compensation for his failure to protect the fundamental right of
citizens has been accepted by the Ireland courts, which have a written constitution, which
guarantees fundamental rights, but also similar to the Indian Constitution. That, in turn, did
not prevent the Ireland courts from making remedies, including the awarding of damages,
not only to individuals facing criminal charges, but also against the State itself.

➢ Article 32(1) provides for the right to appeal to the High Court for appropriate cases of
violation of fundamental rights. The Supreme Court under Article 32 (2) has the right to
institute any procedure for the enforcement of fundamental rights and has the power to
institute any proceedings required in a particular case. As a result of this provision of the
Constitution, the High Court can provide restorative assistance, which may include
compensation in "appropriate cases".

3.2 ARTICLE 32 AND REMEDY OF COMPENSATION

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➢ Victims' compensation is a well-known law that applies to ordinary civil courts. Under the
law victims can claim compensation for personal or property damage. It takes decades for
victims to receive a declaration of damages or compensation from the civil courts, leading to
great hardship for them.

➢ The emergence of compensatory jurisprudence as a result of human rights philosophy is a

good indication that the judiciary has done a great job of protecting the right to life and liberty
of all, regardless of the absence of any explicit and implicit constitutional provision and
judicial precedents.

➢ The revitalization of the natural rights doctrine in the context of human rights around the world
is a major development in the legal profession in the modern era. Many international human
rights treaties and concerns about their effective implementation are critical steps and changes
in ensuring freedom, equality and justice. Although the concept is new, the content is not so
and these rights are recognized from an early age and form part of the constitutional
framework. India has recognized these rights under Part III of the Constitution which provides
remedies for the enforcement of those rights.

➢ Article 32 (1) provides for the right to appeal to the Apex Court for appropriate cases of
violation of fundamental rights. The Supreme Court under Article 32 (2) has the right to
institute any procedure for the enforcement of fundamental rights and has the power to
institute any proceedings required in a particular case. As a result of this provision of the
Constitution, the supreme Court can provide restorative assistance, which may include
compensation in "appropriate cases".

➢ The question of compensation was raised for the first time in the Supreme Court of Khatri (II)
v. State of Bihar In this case, Bhagwati, J. noted:

"Why should the court not be prepared to build new tools and develop new solutions to ensure
the most fundamental right to life and personal liberty."

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➢ Sant Bir v. State of Bihar 1the question of compensation for the victim of State lawlessness
was left open.

➢ In Veena Sethi v. The State of Bihar2 also ruled that the question was still being considered
as to whether applicants were entitled to compensation from the State Government for
violating a right guaranteed under Article 21 of the Constitution.In view of the views
expressed by the Court in the above cases it may be said that the Court expressed its concern
for the protection of the right to life and liberty in the fight against the rule of law but did not
provide compensation to the victims.

➢ The seeds of compensation for the violations of Article 21 were first sown in Khatri, Sant Bir
and Veena Sethi, which resulted in strong growth that eventually led the Court to hold the
State responsible for compensation. This powerful action by the Supreme Court led to the
acquisition of compensation law for the violation of the right to personal freedom by Rudul
Sah India supreme Court in Rudul Sah v. Bihar brought about a change in human rights law by
extorting compensation from a man who was unfortunate enough to break the State law on the
part of the Bihar Government by keeping him in an illegal cell for more than 14 years after he
was found guilty of murder.

➢ The constitutional solution to the legal right to claim compensation in the form of
monetary human rights abuses has been found by the supreme courts.
➢ Supreme Court in the case of Rudal Sah v. The State of Bihar3 for the first time established
the principle that compensation could be provided in cases where any basic fundamnetal
rights of an individual have been violated and that the supreme court courts have the
authority to do so "by exercising the power of the text and the principle of fundamental
justice in the history of human rights."
➢ In the case of Sarwan Singh the court reported that in granting such compensation, the
court must take into account various factors such as the defendant's ability to pay, the
nature of the case, the type of injury suffered and other relevant factors. "The power to
provide compensation to victims must be used freely by the courts for the purposes of

1
Sant Bir vs State Of Bihar AIR 1982 SC 1470
2
Veena Sethi vs State Of Bihar AIR 1983 SC 339
3
Rudul Sah v. State of Bihar [1983] AIR 1086 SC
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 justice… in addition to conviction; the court may order the respondent to pay a certain
amount of compensation to the victim. crime, justice of the victim's claim and the
defendant's ability to pay.

➢ In another case the Court held that when the prescribed amount was disgustingly low to
make a mockery of the sentence, it would be improved; The financial strength of the
defendant, in large part, the magnitude of the damage caused to the victim, are factors that
are relevant to correcting the amount. Court in Balraj v. State of U.P. hold that the power
to make compensation under section 357 (3) does not apply to other sentences but is
supplemented by that. Compensation for illegal detention is local, which has uncovered
new teachings regarding compensation laws in India. In another case, two women
submitted a habeas corpus letter to produce two people (their husbands) who were found
missing. Authorities have failed to produce them. The Court concluded, on the basis of the
facts before it, that the two men 'must have suffered an unnatural death, and that the prima
facie will be charged with murder. The Supreme Court ordered the respondents to pay $. 1,
00, 000 / - for each lost woman.

➢ In Sebastain v. Union of India, "due to the Government's failure to disclose the habeas
corpus petition filed by women, the supreme court ruled out the cost of Rs. 1 lakh to be
given to each of the accused's wives."4

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Sebastain v. Union of India [1984] AIR 1826 SC

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 4. CONCLUSION

➢ Critical analysis
➢ When a crime is committed against a person, the victim loses a lot of money without getting
hurt and injured. The judicial function should not only be to punish the offender but also to
compensate the victim as even if the accused is punished, the loss of the victim is not
compensated. Compensation provided should at least try to put the victim in the same
position as before. It is not the same as victims of crime who never claim compensation as
such a prayer is found under civil law, but to file two separate suits for the same case in two
different courts. The operation of the same suit is often unfortunate, that such a process of
wearing different suits gives the victim a second trauma.

➢ The idea of compensation is legal and helps people. Failure to protect a person by the State
makes it a legal obligation for the State to compensate him. The victim is subjected to such
agony and, in many cases, the permanent loss of income makes sense.

➢ In cases where a person dies or is transferred to a vegetarian state, the compensation should
be very high often, the victim alone receiving the family bread and therefore the injury
affects the health of his or her family as well. In such cases, if the accused is only arrested or
asked to pay a small fine, nothing good will happen to the accused or the victim's family.

➢ In 21st-century Indian society, many people want their brides to be “pure” virgins. A rape
victim in such a situation not only loses the opportunity to get married in a dignified family
but also discriminates against her in her own right. It has been said that a woman's worth is
her dignity and respect. In a society where people still have an old mind, the life of such a
woman is only degrading. It is reasonable to compensate the victim without punishing the
accused. Trauma, loss of income and legal costs should be considered when compensation is
issued and the courts should pay the victims more often.

➢ We come to the conclusion that compensation is not only necessary but is actually a very
important part of criminal law and that the courts should not use this lightly but freely.
They just have to be careful not to give too much compensation and that's why they have
to be careful.

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 ➢ The government should consider the Supreme Court's recommendations and establish
compensation boards to assist victims of financial difficulties. Prior to the CrPC
(Amendment) in 2008, India lacked a comprehensive law to compensate victims.
"Compassionate treatment of victims under the criminal justice system itself leads to a
belief in this system which is expanded through compensation programs, which are
independent without conviction by offenders"
➢ “There is little need to point out that all the laws that go hand in hand with the lack of
commitment to justice have exposed many flaws in the current legal system regarding
compensation and therefore there is a need to revitalize the entire legal system once and
for all. Mandatory changes required are the following:

➢ The proposal issued by the Indian law Commission in its 42nd report of the Indian Penal
Code should be considered and it would be better if the legislature also considered a
different note of Justice R.L. Narsimha as a member of the commission.
➢ The law should also provide for the recording of the reason for providing the
compensation or non-compensation as it is in the event of the death penalty in the Cr.P.C.
➢ The law should also provide for the establishment of institutions as we do have in
western countries.
➢ If possible it is better to pay compensation as a right to the victim.”

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 5. BIBLIOGRAPHY

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