Victim-Offender Mediation: Challenges and its Importance as ‘Alternate Dispute Resolution’ for Cyberspace Issues

  • Samrat Bandopadhyay and Amar Mallick
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  • Samrat Bandopadhyay

    Student at IIT Kharagpur, India

  • Amar Mallick

    Student at IIT Kharagpur, India

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Abstract

Cyberspace is a conceptual term or understanding of widespread interconnected web of digital technology. The connects system across the globe forming a web of resources, either in the form of hardware or software. The technological advancements have necessitated a relook at social, cultural, political, economical, technological and philosophical landscape of any nation, society and even the activities of individuals. The increasing number of cases pertaining to cyber hacking, cyber offences, cyber stalking, cyber fraud, cyber economic and financial malpractices and misrepresentation has warranted all to relook at legal and business framework of any country. The instant paper is an attempt to look at specific areas of criminal law which are at intersections of ‘Plea Bargaining’ and ‘Compounding’ in contrast to other criminal offences of the nature of wrong against the state where the compromise is not possible considering that ‘some heinous crimes’ are in domain of public wrong which are non-compoundable. Cyberspace offences have to be ascertained in the scales of nature and gravity of offences and the quantum of punishment and whether it is fit to be a case of ‘victim-offer mediation’ is a question which has to be analysed from the facts and circumstances of the case.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 4, Page 708 - 713

DOI: https://doij.org/10.10000/IJLMH.113386

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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