Restitutive Justice : Perspectives on Victimology
By
V. R. K. K. Sagar
One of the most essential functions of a State is administration of justice. The end of criminal justice is to protect and add to the welfare of the State, society and individual. For many kinds of crimes the direct victim is individual and by fiction the state is also considered to be the victim. Thus one of the main functions of justice, more so in a welfare state, ought to be protective as well as restitutive. In other words the state has dual duties. One is punishing the wrongdoer and the other is rendering some help to the victim by way of compensation. If one accepts this as principle, there will be no difficulty for him to accept my further analysis and my contention for law reform.
Initially retributive theory was the main principle which influenced the administration of criminal justice. Gradually our legal system agreed to the researches in penology and reforms made in other countries. The effect of them is a shift from retributive theory to reformative theor ....