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restorative justice

English · Jurisprudence and interpretation

Meaning. An approach to crime that aims to repair the harm to the victim and community, often by bringing offender and victim together.

Retributive justice asks what punishment the offender deserves; restorative justice asks what harm was done and how it can be repaired. Its methods include victim-offender mediation, apology, restitution, compensation and community service, with the offender taking responsibility. It treats the victim as a party with a voice, not merely a witness for the State.

Indian criminal law contains several restorative elements: compounding of offences (s.359 BNSS, old s.320 CrPC), plea bargaining (Chapter XXIII BNSS), victim compensation (s.396 BNSS, old s.357A CrPC), probation, and community service as a punishment for some petty offences (s.4(f) BNS). The juvenile justice system is built around rehabilitation. Restorative justice supplements the criminal process; it is not suited to all serious crimes.

Example

Community service under s.4(f) BNS for a first-time petty theft reflects the restorative justice approach.

In Indian law

  • Section 4(f), Bharatiya Nyaya Sanhita, 2023 (community service)
  • Section 359, Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.320 CrPC): compounding
  • Chapter XXIII, BNSS (plea bargaining)

See also

theories of punishment · compounding of offences · plea bargaining · probation

Read more in the study notes

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