The Constitutional Aspect of Compensatory Jurisprudence

  • Anuj Agrawal
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  • Anuj Agrawal

    Student at SVKM’s NMIMS School of Law, Indore Campus, India

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Compensation meant to provide the aggrieved party with an equivalent or with the substitution of good which is equal in value which is necessary to restore an injured party to his former position. “It can be in form of an act where a court orders to be done, or money which a court or other tribunal orders to be paid, by a person whose acts or omissions have caused loss or injury to another, in order that thereby the person damnified may receive equal value for his loss, or be made whole in respect of his injury. In developing Compensatory Jurisprudence in India, the law offices/committees such as the Law Commission and Committees on Reforms of Criminal Justice have played a great part by presenting their reports after due discussions and studies made on these crucial aspects of the law. Plenty of reports have been submitted on the Indian Penal Code of 1860 and the Code of Criminal Procedure of 1898 and 1973 by The Law Commission of India in its hitherto and has deliberated on the topic of victim justice and made several recommendations for change.” The paper has tried to cover every angle of the topic, from its genesis to its evolution. Also, in the analysis chapter of the paper, the audience will find that the author has even mentioned the law commission’s reports which are presented in different years, such as-156th Report Of Law Commission, 1997, 226th Law Commission Report, also, mentioned the important cases which are the precedents to this compensatory jurisprudence, the cases such as Rudal Shah v. State Of Bihar, Bodhisattwa Gautam v. Sublhra Chakraborty, etc. have been analysed in the paper. Further mentioned the acts which were enacted in the past as a gesture to compensate the section of society.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 1029 - 1037


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