Introduction
To maintain the law and order in the society, the civilized state does not allow a victim to take the law in his hands either to punish the wrongdoer or re-compensate the loss suffered or injury sustained. Traditionally, Criminal Administration of Justice assumes that the claim of the victim is sufficiently satisfied by the conviction and the sentence of the offenders.
However, in the present scenario this traditional thinking seems to be unjust, unfair and inequitable when society and state are resorting to every possible measure for correction and rehabilitation of the offender and on the other side not displaying equal concern for compensating victims of crime.
Compensatory jurisprudence as new part of criminal law is fast developing as it serves two purposes, firstly, a victim is not lost sight of in the criminal justice system and secondly, an accused convicted is made to realize that he has a duty towards those injured by his actions.
Compensatory Jurisprudence in India
The Law commission of India in its hitherto submitted Reports on the Indian Penal Code,1860 (IPC)and the Code of Criminal Procedure,1898 and of 1973 has deliberated upon the issue of justice to victims of crime and has also suggested some proposals for reform.
The Malimath Committee (2003) on Reforms of Criminal Justice System in India has also laid emphasis on the participation of victims in the criminal justice processes and has advocated for compensation and restitution of the victims.
https://egyankosh.ac.in/bitstream/123456789/38912/1/Unit-2.pdf