Restorative Justice: Prioritizing Victims and Fostering Holistic Recovery in the Indian Criminal Jurisprudence

The global criminal justice landscape is witnessing a paradigm shift from purely retributive models to restorative frameworks. The traditional adversarial model of criminal justice, centered on the binary of ‘State vs. Offender,’ has historically relegated the victim to the periphery of legal proceedings. However, there is a change with the conceptual evolution of Restorative Justice (RJ), which contrasts with traditional punitive measures that often marginalize the victim. Restorative Justice, a philosophy that treats crime as a violation of human relationships rather than a mere breach of statutory law. By examining the philosophical ‘Three Pillars’ and the practical application of RJ in India, through mechanisms like Lok Adalats, Plea Bargaining, and Victim Compensation, this paper argues for a more integrated approach. By exploring the evolution of ‘Victim Justice’ and analyzing the structural integration of restorative principles within the Indian legal framework, ranging from ancient Panchayats to the modern Bharatiya Nagarik Suraksha Sanhita, this paper argues that a healing-centric approach is essential for reducing recidivism and achieving true social reconciliation. It posits that a system prioritizing healing over punishment not only serves the victim’s needs but also facilitates more effective offender reintegration, ultimately strengthening the social fabric of the state.