Right to Compensation under Constitutional Scheme in India

Abstract

Compensation refers to financial assistance provided for any crime given either by the government or, in some cases, by any private group or association to the victims of violent crimes or to their families.  It serves as a remedy in civil lawsuits. In the context of criminal cases, the primary focus is on punishing the offender to create a deterrent effect for both the offender and society. However, awarding compensation in specific criminal cases as mandated is also aimed at achieving justice. Recent legislative advancements and judicial responses to compensation provisions demonstrate that the importance of compensation is fully acknowledged within the framework of criminal justice. Various laws, including Indian Constitution, Tort Laws, the Code of Criminal Procedure, provide for the payment of compensation to individuals whose rights have been violated. In 1985, the Declaration of Basic Principles of Justice for the Victims of Crime and Abuse of Power, adopted by the General Assembly of United Nations, was a significant milestone in promoting the pro-victim movement and includes provisions. This declaration addressed the entitlement of the victim to approach the court to get equity, unprejudiced care, restitution, reparation, and assistance to the individuals affected by crime. This article explores in detail how information, when a person suffering from crime is not able to get justice from the court, due to the rigidity of procedural law, they may still seek relief through Articles 32 and 226 of Indian Constitution a sufferer may get relief from the apex court of India.