Award of Compensation as a Mode of Victim Restoration: A Comparative Analysis of Laws in India, New Zealand and Germany

Elisha Kanungo, Paromita Chattoraj.

KIIT deemed to be University, India

Abstract:

Many jurisdictions all over the world give various support services for the restoration of the victims of crime. Restoration includes physical, emotional, and economical restoration, where compensation plays a predominant role. In India, distinct statutory provisions relating to compensation are provided under the Code of Criminal Procedure and the various victim compensation schemes of the different states. However, the implementation of these laws is bridled with inconsistencies due to disparity in the schemes of different states. The grant of compensation depends on three factors 1) the type of victims of crime 2) the granting authority and 3) criteria and the mode of assessment of compensation. In this regard, NZ despite being a common law country prioritizes victims of crime for compensation. Amongst the civil law countries, Germany has made concrete efforts in victim compensation through specific statutes. The present paper examines the prevailing legal framework and compensation schemes in India concerning victim compensation and analyses how far the existing laws and policies compares to the international standards of victim compensation in the already established jurisdictions of NZ and Germany, to assess where India stands in terms of the victim restoration through compensation.

Keyword:

Victim, Restoration, Compensation,