Victim compensation schemes in India: A comparative study of approach towards victim’s compensation in the states of Gujarat, Delhi, Telangana and Kerala

Abstract

One of the purposes of Criminal Justice System (CJS) is to provide protection to the rights of the individual, society as well as the States from the criminals or delinquents by punishing those who are accused for violation of the law. India follows an adversarial system which requires that the prosecution should lead the evidence and the accused is presumed innocent till the guilt is proven beyond reasonable doubt. This approach is largely accused centric i.e., the entire focus remains on the rights of the accused and more often than not the victim is left behind. Many a times the victim is not included in the whole process of providing justice, except being the witness for the prosecution. Crimes entail a substantive harm not only to the social order but also to the people, hence the rights of the victim must be given attention responding to crimes.