Abstract
The traditional practice of restorative justice existed in India at different points of time and periods of different dynasties but the advent of British rule transformed the traditional legal system into a new form that was claimed to be modernized. In the present-day Indian context, attempts are being made to incorporate certain restorative policies and programs on lines with models found or adopted in some foreign countries. The concept of restorative justice entails a certain theoretical framework and practices of process that need exploration and that suggest some necessary and appropriate changes. This chapter contributes some thought over these issues.
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Notes
- 1.
The wrongdoer is made to clean and maintain public places/portals and private premises as well, to collect, carry and supply water to the public and to houses and other such physical and domestic works as to serve the public.
- 2.
Vishnu Gupta, the less-known original name of Kautilya (‘the cunning’), also commonly referred to as Chanakya, was the most scholarly pundit of the Mauriya Dynasty, known for his wisdom and cunningness.
- 3.
The Magnum opus of Kautilya contains rich jurisprudence on economic, public, political, legal and other areas of administration.
- 4.
Victim Offender Reconciliation Programmes, Victim Offenders Community Meetings and Victim Reparation Programmes in Western Criminology, Victim Mediation Programmes and Victim Offender Encounters in Europe, Truth and Reconciliation Commission in Africa and Family and Community Group Conferencing in New Zealand and Thailand.
- 5.
This corresponds to the category of offences that are compoundable and offences where a plea bargain is permissible.
- 6.
In some of the foreign countries, mainly western and European, the offences that can go for compensatory settlement are decriminalized and treated as civil matters like torts or misdemeanors to enable settlement without police intervention.
- 7.
Such a scheme seems to be existing in the British model of restorative justice.
- 8.
This is similar to the legal provision enabling the police to release an arrested person on bail at their level.
- 9.
This indicates a practice existing in different corners and places of many states, a kind of coercive, ruffian justice administered by local bigwigs or dadas.
- 10.
Such offences that are so recognized and named by the Criminal Procedure Code, vide Section 320 are essentially of a private nature and are relatively not quite serious. The Code considers it expedient that a compromise between the wrongdoer (accused) and the individual victim could be arrived at.
- 11.
Incorporated under Sections 265-A to 265-L, vide central Act 2 of 2006, with effect from July 5, 2006.
- 12.
These offences are those affecting the social-economic condition of the country that have been committed against a woman or a child below the age of 14Â years.
- 13.
Sec. 320 of Criminal Procedure Code, 1973.
- 14.
Sec. 357 of Criminal Procedure Code, 1973, empowers the courts to order payment of compensation to the victims of the offence, from the fine amount required from the accused.
- 15.
A new section 357-A is inserted by CrPC Amendment Act, 2008 (5 of 2009), with effect from December 31, 2009.
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Ravi, N. (2017). Restorative Justice in the Indian Context: Some Views and Thoughts on the Framework and Process. In: Thilagaraj, R., Liu, J. (eds) Restorative Justice in India. Springer Series on Asian Criminology and Criminal Justice Research. Springer, Cham. https://doi.org/10.1007/978-3-319-47659-9_5
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DOI: https://doi.org/10.1007/978-3-319-47659-9_5
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